IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21377 of 2009 JITENDRA DOME Versus STATE OF BIHAR ----------- 2. 06.07.2009 Heard counsel for the parties. The petitioner seeks bail in a case instituted under section 392 IPC. As per allegations in the FIR, the informant was coming from Bombay. He alighted in wee hours on the date of occurrence and proceeded to his village. It is alleged that he was assaulted by four accused persons. Further allegation is that the accused persons took the bag and tried to escape. The bag contained articles and cash amount belonging to the petitioner. As per the prosecution case itself, a chase was offered and the petitioner was captivated on the place of occurrence whereafter he is said to have made confessional statement implicating three other accuseds. Learned counsel for the petitioner submits that no recovery of any stolen article has been made from his possession and that he is in custody since 26 2.2009 Considering the allegations and the fact that the petitioner was arrested on the spot, this Court is not inclined to admit him to bail. His prayer for bail, therefore, is rejected. This court, however, observes that if the trial of the case is not taken up within six months from the date of receipt of a copy of this order in the court below, it shall be open to the petitioner to apply afresh for grant of bail. hr ( Kishore K. Mandal )