IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38354 of 2010 VIJAY SAH . Versus STATE OF BIHAR . with Cr.Misc. No.38387 of 2010 MD. PAPPU . Versus STATE OF BIHAR . 03. 11.03.2011 Heard learned counsel for the petitioners and the state. From open place of Dhawa of petitioner of Cr. Misc. No.38354 of 2010, fifteen drums full and one with 25 liters of diesel is recovered, may be stolen, may not be stolen, but is more than the storage limit of 400 liters. From the boundary of petitioner of Cr. Misc. No.38387 of 2010 Md. Pappu, eight empty commercial cylinders and 27 domestic empty along with two filled gas cylinders are recovered. Statement of driver of tank lorry is that vehicle was brought there for stealing gas. Submission of the learned counsel for petitioners is that driver was mainly responsible for committing theft of the gas, who has been allowed bail by a bench of this court vide Cr. Misc. No.26916 of 2010, but considering custody only. Petitioners’ case does not stand on footing of Bharat Sah whose Bolero is found near one of the place of occurrence. Accordingly, prayer of petitioners stand rejected. However, these petitioners are at liberty to surrender in the court below and pray for regular bail which shall be decided on its own merit. Vikash (Mandhata Singh, J.) 2