IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11830 of 2009 NARAYAN SINGH Versus STATE OF BIHAR ----------- 5 3.8.2009 The petitioner is an accused in a case under section 392 of I.P.C. The informant states that he had gone to attend the marriage of his friend at village – Alapur on a motor cycle. At 10.30 he reached Pakthaul Chowk. Two of his friends were also sitting on his motor cycle. As there was some delay in Barat, the informant along with his two friends proceeded towards Zero mile for taking betel leaf. As soon as they reached about 500 yards north to Kauwa Tand Bridge they saw three persons coming towards them wearing Lungi and Baniyan and all were armed with danda. On seeing them they assaulted the informant and others on account of which the motorcycle fell. Both friends of the informant fled for safety. When they returned after some time they found the motorcycle missing. Learned counsel submits that the petitioner is not named in the F.I.R. nor he was identified in the test identification parade nor any incriminating article has been recovered from his possession. It would appear from paras 59 and 60 of the case diary that the witnesses, namely, Vijay Sahni and Bashu Miyan, have stated that on the date of the occurrence at late night at around 10 P.M. they had seen the accused persons including the petitioner moving around wearing lungi and baniyan. Further more this is a 2 case of the year 2005. The petitioner surrendered on 23.9.2008. He has been remanded in the present case from another case. In the circumstance, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, he may renew his prayer for bail after four months. Anilkrsinha (Samarendra Pratap Singh, J.)