IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27233 of 2010 SONU @ BAIGAN MIAN S/O Md.Ishaque R/o near Hoda Compound, S.M.Raza Street, P.S.-Khajekalan, Dist.-Patna Versus STATE OF BIHAR ----------- 3. 3.12.2010. Heard Mr.Shakeel Ahmad Khan, learned counsel for the petitioner and Mr. J.N.Thakur, learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is in custody in connection with Khajekalan P.S. Case.No.30 of 2010 for the offence under section 392 of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner, while pressing the bail petition, submits that the petitioner is actually a resident of Raghopur and he was residing in Khajekalan for the last two months in a rented house and his house was 2 K.Ms, away from the place of occurrence. It was submitted that since the petitioner was an accused in Chowk P.S. Case No.74 of 2008 for the offence under section 394 of the Indian Penal Code, he has been dragged in this case. It was also submitted that the petitioner is languishing jail since 23.3.2010. Mr.J.N.Thakur, learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. It was submitted that the occurrence had taken place near Sui-kee-Masjid in which the informant was looted of his Rs.26,000/- and odd and other articles in day time. The fardbeyan was recorded at the place of occurrence itself 2 immediately after the occurrence and in the fardbeyan the informant has categorically named the petitioner as one of the accused. In view of the fact that the petitioner is also an accused for the offence under section 394 of the Indian Penal Code, I am not inclined to extend the privilege of bail to the petitioner. Accordingly, prayer for bail stands rejected. Md.S. ( Rakesh Kumar, J.)