IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38635 of 2010 MD. MOOSA @ MUSTAFA, S/o Md. Sheikh Shafique, Resident of Neem Chowk Saadpura, P.S. Kazi Mohammadpur, District – Muzaffarpur Versus STATE OF BIHAR ----------- 5 07.02.2011 Heard Mr. Syed Firoz Raza, learned counsel for the petitioner and Sri Nasim Yahya, learned Additional Public Prosecutor. The petitioner who is in custody in Muzaffarpur Rail P.S. Case No. 78 of 2008 for the offence under Section 395 of the Indian Penal Code has prayed for bail on the ground that some of the accused persons were granted bail by the court below itself. The present case is in relation to robbery committed in the running train in which besides informant several other passengers were also looted. The F.I.R. was lodged against unknown and during investigation on confession made by one of the accused, petitioner’s name surfaced and from possession of the petitioner one mobile phone was also recovered. Learned counsel for the petitioner submits that said mobile phone was not put on test identification parade. In this case, besides calling for the case diary by order dated 15.11.2010, antecedent report of the petitioner was also called for, which has been received, which shows that petitioner is also an accused in one another case relating 2 to commission of dacoity. From the impugned order it appears that case has been fixed for evidence after framing of the charges. Learned counsel for the petitioner has though submitted that other some of the accused persons have been granted bail but it has not been specifically submitted that the accused persons who were granted bail were having similar accusation like the petitioner. In view of nature of accusation as well as the fact that case is at the stage of evidence, I am not inclined to extend the privilege of bail to the petitioner. Prayer for bail stands rejected. Since the petitioner is in custody from 31.12.2008 it is desirable to observe that learned court below will take all steps for earlier disposal of the trial. Praful ( Rakesh Kumar, J.)