IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29893 of 2010 MD.BUDHWA @ WAHID, S/o Md. Alauddin @ Jalaluddin, R/o Village Mahadeoganj, P.S. Sahebganj, District- Sahebganj (Jharkhand) Versus THE STATE OF BIHAR ---------- 6 07.02.2011 Heard learned counsel for the petitioner as well as Smt. Indu Bala Pandey, learned Additional Public Prosecutor. The petitioner who is in custody in Bhagalpur Rail P.S. Case No. 47 of 2009 for the offence under Section 395 of the Indian Penal Code has prayed for grant of bail. In this case F.I.R. was lodged against 6-7 unknown accused persons for committing dacoity in a running train. However, during investigation the petitioner was apprehended by public on the charge of committing dacoity in rail. Thereafter, the petitioner’s name surfaced in the present case and he has been charge-sheeted. Learned counsel for the petitioner submits that the identification which was applied in the present case is not admissible. It was submitted that while the petitioner was arrested in a subsequent case, after one month the informant of the present case as well as others identified the petitioner in hospital and as such the petitioner deserves to be released on bail. Learned Additional Public Prosecutor referring to statements made in the case diary submits that witnesses have said that they had seen this petitioner while committing dacoity in the present case. In view of seriousness of the accusation, I am not inclined to extend the privilege of bail to the petitioner. Prayer for bail stands rejected. Praful ( Rakesh Kumar, J.)