IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51183 of 2008 1. MD. MOIEN, son of late Md. Khalil 2. Md. Aurangjeb,son of Md. Moien Both residents of village-Gogri- Fakrana, P.S.Gogri,District-Khagaria- -------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 22.1.2009 Heard Mr. Vivekananda Singh, learned counsel for the petitioners and Mr. D. Mehta, learned A.P.P. The petitioners are the father and son and are in custody in a case relating to theft of an idol from a temple. Some other articles like bells and a waterpot, which were fixed at a particular place, as per description in the F.I.R., were also found missing by the informant who was the Pujari of the Shiv Temple. Subsequently, after three months of the report of the incident, the house of the petitioner was searched and a dismantled idol was found lying therein which has been identified by the informant at the police station. Learned counsel for the petitioner has challenged the very manner of putting the recovered idol for identification and also the evidence of identification by submitting that it was of no value inasmuch as when the idol was duly shown to the informant who could not have any hesitation or difficulty in identifying and claiming it. When it is a case of identifying a stolen idol, one thing should always be kept in mind that a Pujari who sees the idol through out the day or for the most part of it and is emotionally attached to it, could not falsely identify it. People have special - 2 - nack of identifying things of which they are in possession. The evidence of identification could not be put into a straight jacket specially in a case of present nature. Regard being had to the finding of the idol in the house of the petitioner, I am not inclined to direct the release of the petitioner from custody. The petition is dismissed. sudip ( Dharnidhar Jha,J )