IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39460 of 2008 ARBIND YADAV @ ARBINDIYA son of Ramji Rai r/o village and post Manoharpur P.S. Gaurichak (Gopalpara) Distt. Patna Versus STATE OF BIHAR ----------- 11/ 07.10.2009 Counsel for the petitioner has filed supplementary affidavit, which is taken on record. Heard learned counsel for the petitioner and the State. Perusal of the supplementary affidavit indicates that the antecedent of the petitioner is not clean and he is accused in eight other cases for serious offences. It is submitted on behalf of the petitioner that his antecedent may not be clean but the fact remains that in the present case i.e. Phulwari (Gopalpur) P.S. Case no. 382 of 2007 registered for the offence under Sections 395, 397 of the Indian Penal Code, he has been made accused on the basis of the statement of co-accused, Jaikant Yadav, who has already been released on bail by this Court, although the antecedent of Jaikant Yadav is equally bad and he is also accused in very many cases. Let the court below ( Addl. Sessions Judge VI, Patna) compare the antecedent of the petitioner with that of co-accused Jaikant Yadav and if the court below is satisfied that antecedent of the petitioner and Jaikant Yadav is similar then similar treatment be allowed to the petitioner, as he is in jail custody with effect from 18.8.2007. Arjun/ ( V.N. Sinha, J.)