IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32846 of 2009 NAWAL YADAV, son of Sri Ravshna Yadav, resident of village- Lodipur, P. S. and District- Jahanabad. .. Petitioner. Versus STATE OF BIHAR ----------- 3. 02.04.2010 Heard Mr. Ajit Kumar Ojha, learned counsel for the petitioner and the counsel for the State. The prayer for bail of the petitioner for offence under Section 395/412 of the Indian Penal Code is sought to be pressed on the ground that the petitioner was not named in the first information report and in fact his implication has come only by way of confessional statement of co-accused. Counsel for the petitioner would also highlight that in course of recovery, no seizure was made from the conscious possession of the petitioner and in fact there was also no test identification parade. The petitioner’s criminal antecedent has been revealed by him in paragraph 8 of this application which would go to show that apart from this case, he is accused in two other cases namely Pali P. S. Case No. 7 of 2003 and Kako P. S. Case no. 19 of 2008. Submission of Mr. Ojha that both Kako P. S. 2 Case no. 19 of 2008 and the present case Kako P. S. Case No. 18 of 2008 were instituted on the same date and therefore an interference should be drawn that the petitioner is a man of clean antecedent is only to be noted for its being rejected. The petitioner was not apprehended at the spot but it is said that he is an accomplice of Ghuter Yadav who was arrested at the spot and the seizure made from him of those very articles where were said to have been made subject matter of dacoity. In view of above, when the petitioner was also named by Ghuter Yadav and the petitioner has also criminal antecedent the plea of his false implication can not be accepted for the present. Reliance placed by learned counsel for the petitioner on an order of this court relating to granting bail to co-accused Dwarika Yadav by order dated 24.8.2009 in Cr. Misc. NO. 25329 of 2009 therefore may not have much significance inasmuch as his criminal antecedent has not been noted therein and infact this Court subsequently having noticed criminal antecedent of aforesaid Dwarika Yadav has rejected his prayer for bail by an order dated 3 17.9.2009 in Cr. Misc No. 28121 of 2009. That being so, the prayer for bail of the petitioner in this application is hereby rejected. kanchan (Mihir Kumar Jha, J.)