IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29366 of 2008 SHIV KUMAR MAHTO @SHIV KUMAR @ SHIV MAHTO---petitioner Versus STATE OF BIHAR----------------opp.party ----------- 3. 24.11.2008 Heard learned counsel for the petitioner and the State. The informant was working with some trade men and he was collecting the cash for the supply of articles to different shopkeepers. He claimed to have collected Rs.1,75,000/-. Some criminals surrounded him , assaulted him and snatched the bag containing the collected cash. The man was raising hue and cry. People were attracted and they started chasing the criminals. Unfortunately the petitioner slipped in the track and fell down. He was captured by the people and handed over to the police with the written report. He names of some of his accompanist. One such person revealed that it could be the house of the present petitioner from where the booty in the form of cash was recovered. The recovery was also made but the court is not very much sure about the genuineness of the recovery. The contention is that the man whose statement led to the recovery has been admitted to bail and 2 further another co-accused, namely, Karim alias Rajesh has also been admitted to bail. I have perused the orders passed by a Bench of this Court in different misc. petitions and I find that the accused persons who were admitted to bail took different defences which could find favour to the Hon’ble Judges who were hearing the petitioners. The defence taken by those accused persons and diametrically different from the fact that the petitioner was chased and caught, considering which I do not see any reason to release the petitioner on bail. The petition is rejected. (Dharnidhar Jha,J.) spal/