IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50643 of 2008 1. Shahnawaj Siddiqui son of Islam Siddiqui 2. Jitendra Prajapati son of Chekur Prajapati @ Chekhuri Prajapati, Both are residents of village Bhagwanpur, P.O. & P.S. Bhagwanpur, District Kaimur ----- petitioners Versus State Of Bihar ---- opposite party ----------- 2. 20.1.2009 Heard. The case relates to theft of motorcycle allegedly by the petitioners. The evidence comes by recovery of three motorcycles which were kept in the vacant house of one Kapildeo Singh who as per F.I.R. was residing in Delhi. The nephew of Kapildeo Singh namely Akash Singh @ Sonu stated to the police that these two petitioners, who had come and had told him that they had put in the motorcycle in the abandoned house. Learned counsel appearing for the petitioners requested the Court for seeking production of the case diary but ultimately it could be the statement of Akash which could be the material and that is recorded as the part of the F.I.R. itself and considering the same, I do not find any merit in the present petition. The same is dismissed. AI (Dharnidhar Jha,J.)