Madan Mohan Prasad, J.

This is an application for bail by the petitioner who is accused of an offence under section 395 of the Indian Penal Code.

2. The petitioner has been named as one of the nine accused mentioned in F.I.R. from amongst several dacoits. He is alleged to have been armed with a gun and is said to have been identified by five witnesses. It is also said that there was a scuffle between the dacoits and the prosecution party resulting in injuries to some of the dacoits as a result of which one of them died. One of the injured dacoits is said to have made an extra-judicial confession before the villagers implicating the petitioner and others along with himself.

3. It appears that investigation was taken up and that a charge sheet (stated as preliminary charge sheet) was submitted recommending trial of this petitioner and one Chandrika Ahir for the offence aforesaid. Another charge sheet (without the heading preliminary charge sheet) was submitted in respect of six other co-accused showing three other accused (not mentioned in the (F. I. R.) as absconders.

4. It appears that the petitioner unsuccessfully moved the Judicial Magistrate, Chief Judicial Magistrate and t