IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35545 of 2009 Subhash Sao @ Subhash Sah, Son of Rajendra Sao, Resident of Village Laxmipur, Police Station Surajgarha, District Lakhisarai. --------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 3 8.12.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for an offence under Section 396 of the Indian Penal Code on specific allegation of his being seen with arm in the vicinity in the train where the dacoity had taken place and innocent passengers were done to death by the armed dacoits. Learned counsel for the petitioner would submit that there is nothing against the petitioner so as to implicate him, inasmuch as, neither he was named in the First Information Report nor was identified in Test Identification Parade. This Court would find that the identification of the petitioner in the occurrence, in question, has been noted by the court below in its order rejecting prayer for bail of the petitioner by recording presence of such material in paragraph nos. 14 & 15 of 2 the case diary showing his identification in the train light by at least two witnesses. That apart, learned counsel for the petitioner is also not in a position to say about the criminal antecedent of the petitioner. In such circumstances, this Court is not inclined to grant bail to the petitioner for heinous offence like Section 396 of the Indian Penal Code and accordingly, the prayer for bail of the petitioner, namely, Subhash Sao @ Subhash Sah is hereby rejected. Rsh (Mihir Kumar Jha, J.)