IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52370 of 2008 NAWAL DOM Versus STATE OF BIHAR ----------- 4 09.04.2009 Heard learned counsel for petitioner Nawal Dom who is in custody since 22.7.2008 in connection with Narkatiaganj P.S. Case No. 26 of 2008 registered under section 392 IPC. The petitioner is not named in the FIR lodged by the Assistant Station Master, Khairpokhara Railway Station. However, in course of investigation two persons whose statement appeared in paragraphs 8 and 9 of the case diary have categorically stated about the participation of the petitioner in the crime which took place in a room of the Railway Station. Nothing adverse has been shown to me regarding the relationship between the petitioner and the two persons who have named him. The fact that no recovery was made from his possession or that he was not put on test identification parade becomes immaterial when witnesses have specifically named him as a participant in the occurrence. In the circumstances I am not inclined to enlarge the petitioner on bail, his prayer for bail is accordingly rejected. Spd/- (Abhijit Sinha, J.)