IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30356 of 2008 ACHEY LAL SAH @ ACHCHHE LAL SAH Versus STATE OF BIHAR ----------- 3. 10.11.2008 Heard Mr. Krishna Prasad, learned senior counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under sections 364, 379 and 411 of the Indian Penal Code and the petitioner is not named in the F.I.R. It relates to disappearance of the driver and the cleaner from a truck which was carrying consigned lubricating oil in different drums. During the course of investigation, as may appear from para-14, the house of Naresh Ram was found containing the consigned articles. Similarly the house of this petitioner was also found containing 170 drums of consigned articles. The driver and the cleaner are still traceless. The contention is that Naresh Ram has been admitted to bail by a Bench of this Court in Cr. Misc. case no.45894 of 2005 and it could be at best a case under section 379 of the Indian Penal Code. On perusal of the order passed in favour of Naresh Ram I find that the Court was proceeding on the premise that it could be merely a case of theft and recovery of article. The Court appears missing the most important aspect of the matter which related to the hijacking of a truck causing disappearance of the driver and the cleaner and then unloading of the consigned articles. The case might have been registered under section 364 of the Indian Penal Code but it could be a case under section 302 of the Indian Penal - 2 - Code. The petition is dismissed. sudip ( Dharnidhar Jha,J )