Heard learned counsel for the petitioner and learned counsel for the State.

2. By this application the petitioner seeks to renew his prayer for bail which was earlier rejected by this court vide order dated 14-12-2012 passed in Cr. Misc. No. 44132 of 2012. The petitioner is an accused in Narpatganj PS case No. 135 of 2012 for the offence alleged to have been committed under section 395 (Dacoity) of the Indian Penal Code.

3. Nearly three months after rejection of his prayer for regular bail, the petitioner has filed the present application on 19-03-2013 on only plea that co-accused Bindi Paswan @ Bindeshwari Paswan had been directed to be released on bail by this court vide order dated 06-03-2013 passed in Cr. Misc. No. 44983 of 2012. The petitioner’s plea is that he was apprehended on the basis of confessional statement of said co-accused Bindi Paswan @ Bindeshwari Paswan and over and above this, there was no material to implicate him with the offence alleged against him. Plea of the petitioner is that his case is on much better footing than Bindi Paswan @ Bindeshwari Paswan, the co-accused, who has been granted bail subsequently by this court.

4. Before dealing with the sub