IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42303 of 2009 Dinesh Yadav, Son of Late Ghutar Yadav, Resident of Village Kalotwa, P.S. Salakhua, District Saharsa. ---------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 7.12.2009 Heard learned counsel for the petitioner and counsel for the State. The only plea of the petitioner doubting the search and seizure on account of its being not handed over to any family member of the petitioner would have made an impact if there were no independent witnesses to such search and seizure. Annexure-2, however, would go to show that two independent witnesses have supported such search and seizure and therefore, when the petitioner also says that some sort of settlement has been made between the parties, the possibility of framing of false case against him automatically goes away. Thus considering the nature of allegation for an offence under Sections 379, 34 & 411 of the Indian Penal Code and direct recovery of the stolen property from the conscious possession of the petitioner, this Court would not be inclined to grant bail to 2 the petitioner for the present till he would complete at least six months of his further judicial custody. Be that as it may, as the petitioner claims to have no criminal antecedent, this Court would give him liberty to renew his prayer for bail on or after 15th of May, 2010. Accordingly, the prayer for bail of the petitioner, namely, Dinesh Yadav is hereby rejected for the present. Rsh (Mihir Kumar Jha, J.)