IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38879 of 2008 BINOD KUMAR RAI Versus STATE OF BIHAR With Cr.Misc. No.39160 of 2008 PREM KUMAR Versus STATE OF BIHAR ----------- 3. 4.12.2008 Heard Sri Binod Bihari Sinha, Advocate for petitioner Binod Kumar Rai, Sri Braj Nandan Tiwary, Advocate for petitioner Prem Kumar and the learned A.P.P. for the State. The two above named petitioners are in custody in a case under Section 414 IPC. The arrested accused Prem Kumar confessed his guilt and pointed out that he had a motorcycle and some cylinders of LPG in the house respectively of petitioner Prem Kumar and Binod Kumar Rai. Accordingly, the police made a search of the houses of the two petitioners, recovered the motorcycle as per details in the FIR and 12 LPG cylinders from the house of petitioner Binod Kumar Rai. The two petitioners do no account for the possession and merely submit that the said accused Prem Kumar had kept the articles in their respective houses without putting into their knowledge that it could be a property - 2 - obtained in theft. The court could not convince itself to accept the contention inasmuch as none could have accepted any article into his house without seeking an information about the source of possession of the same from the person who had put the same in anyone’s possession. Petitions are dismissed. It was contended by the learned counsel for petitioner Binod Kumar Rai that petitioner suffers from tuberculosis, the Jail Authorities are directed to take appropriate steps for providing appropriate treatment to the petitioner through specialist. B.Kr. ( Dharnidhar Jha, J. )