IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34947 of 2008 SHAMBHU KUMAR Versus STATE OF BIHAR ----------- 2. 11.9.2008 Heard. The case is under Sections 379 and 411 of the IPC and the informant alleged that he had borrowed the motorcycle described as per its make and registration number from one Kailash Paswan and had come to Khabara road in connection with meeting some persons and parking the motorcycle he went inside the house up stairs and when he came back he found that the motorcycle was not there. The informant went out in search of the vehicle and during that he found three persons sitting on the vehicle at Kalambagh Chawk and chased the vehicle with his son. In the meantime, mobile police came and three persons were apprehended, those persons included the petitioner Shambhu Kumar. The contention is that the petitioner is a motorcycle mechanic and he runs a workshop and two persons came to him at his garage for repairing the motorcycle and further that the officer-in-charge of Kazi Mohammadpur police station getting his motorcycle repaired, and - 2 - was demanded a lot of money due towards repairing charges and in order to putting the pressure implicated the petitioner falsely. This is the stand taken by the petitioner in the court below also. The defence of the petitioner was considered by the court below also and by me as well and considering no substantial merit in the defence and the allegation of being found with two others riding upon the motorcycle, considering which the petition is dismissed. As soon as the petitioner completes one year of his custody in Kazi Mohammadpur P.S.Case no.78 of 2008 the learned C.J.M. Muzaffarpur shall himself release the petitioner on bail to his own satisfaction. B.Kr. ( Dharnidhar Jha, J. )