IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31378 of 2008 HARI SAHANI & ANR Versus STATE OF BIHAR ----------- 5. 26.8.08 Heard Mr. Dhananjay Kumar-2 for the petitioners, and Mr. Jai Shankar Prasad Singh, learned A.P.P. The two petitioners, namely, Hari Sahani and Umesh Sahani seek bail in Pipra P.S. Case No.79 of 2004, District East Champaran, registered under sections 395 and 397 of the Indian Penal Code. Learned counsel for the petitioners, inter alia, submits that one of the petitioner is in custody since 20.6.2007, and other one is in custody since 21.5.2008. He also submits that a similarly circumstanced accused has been granted bail by this Court by order dated 5.11.2007, passed in Cr. Misc.No. 39335 of 2007( Birendra Giri Vs. State of Bihar). Learned A.P.P. opposes the application. On a perusal of the materials on record and consideration of the submissions of learned counsel for the parties, it appears that during the night intervening 30/31.7.2004,at about 1.30 A.M., the 2 petitioners alongwith 10-12 persons came to the petrol station in question who were armed with fire arms and committed dacoity. They carried away a sum of Rs. 104802/- from the Godrej Almirah, another sum of Rs.14769/- from the counter, a colour T.V. containers of mobile packs,and two writs watches worth Rs. 134841/-. Before decamping, the accused persons had locked up the persons in charge of thepetrol station in the latrine and went away. It is true that the F.I.R. is against unknown but, during course of investigation, the names of the present two petitioners have clearly come on record implicating them in the crime. I am, therefore, not inclined to release the petitioners on bail. It is accordingly rejected. ( S. K. Katriar, J.) Vinay/