IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.560 of 2009 SUNNY KUMAR son of Rajesh Sah, resident of Mohalla Gopalpur, P.S. Motihari Town,District East Champaran … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Pravin Kumar For the State: Shri Dashrath Mehta, APP ----------- 2. 6.2.2009 Heard. The case relates to theft of a cellular phone from the residence of a Civil Judge(Junior Devision), at Motihari. The petitioner had committed theft of the cellular phone and sold the same to one Dhiraj Kumar. As soon as the purchaser Dhiraj Kumar learnt about the theft of the cellular phone, he immediately rushed to the Police Station and handed over the instrument to the police and made a cleanbrest statement as to how he had purchased the same. The contention is that the Cellular Phone was produced by Dhiraj Kumar whose confession is the only material against the petitioner. The statement of Dhiraj Kumar is not a confession, it could be a statement of an honest person who could be subsequently 2 brought before the court as a witness to the occurrence. Regard being had to the acts of the petitioner, I am not inclined to direct the release of the petitioner. However, as soon as the petitioner completes ninee months in confinement from the date of his remand in Motihari Town P.S.Case No. 199 of 2008, he shall be released by the lower court, i.e., the Chief Judicial Magistrate, Motihari, East Champara, on his executing a bond to his own satisfaction. With the above observation, the petition is dismissed. Kanth ( Dharnidhar Jha, J.)