IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52265 of 2008 MD.ISHAQUE, S/o Md. Hadish Resident of village - Sahbajpur (Muradpur Dulla), P.S. Ahiyapur, District - Muzaffarpur Versus THE STATE OF BIHAR ----------- 2. 29.01.2009 Heard Sri Nirmal Kumar Sinha No. 3, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. A motor cycle, which was the subject matter of theft in Kazimohammadpur P.S. Case No. 138 of 2008, was recovered from the house of the petitioner. The police had the inkling that the petitioner and his relative Md. Mustaque were indulging in commission of the theft of vehicles. The defence of the petitioner is of falling a prey to the circumstances in his life due to being related to the co-accused Md. Mustaque, who could have kept the vehicle at the house of the petitioner in his absence when he was away to Delhi for earning his livelihood. The record made by the learned Sessions Judge of the facts of the case, indicates that the petitioner was very much hand in globe with the said accused Md. Mustaque and considering that, the prayer is refused. DKS/ (Dharnidhar Jha, J.)