IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38570 of 2009 BIRENDRA RAI @ GUDDU RAI @ GUDDU SINGH, son of late Kapil Deo Rai, resident of village- Lalpura, P.S. Bhagwanpur, District-Vaishali…Petitioner. Versus THE STATE OF BIHAR . ----------- 2. 13.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for offence under Section 392/34 of Indian Penal Code. The petitioner is not named in the first information report and allegation again him has surfaced in course of investigation on the basis of an alleged confessional statement of a co-accused followed by recovery of the stolen motor-cycle in question from the house of the petitioner. The counsel for the petitioner would submit that the petitioner was not present in his house and therefore he cannot be held liable for recovery of such alleged stolen motor-cycle inasmuch as his mother was only living therein. Such submission has been only noted for its being rejected. The petitioner cannot accuse his mother for possession of stolen motor-cycle when there is a specific statement of co-accused that it was the petitioner who was involved in the crime and after committing theft 2 of the motor-cycle had kept the same in his house. That being so, the complicity of the petitioner is apparent on the face of record. The prayer for bail of the petitioner is accordingly rejected for the present. However, the petitioner may renew his prayer for bail after completing one year of his judicial custody. kanchan (Mihir Kumar Jha, J.)