IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39976 of 2008 SHIV NATH OJHA Versus STATE OF BIHAR ----------- 3. 3.12.2008 Heard Sri Sanjeev Kumar, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner was found in possession of a theft vehicle and that is admitted that he was handed over the possession of the vehicle by group of persons allegedly for concealing the same. While the petitioner was driving it to some destination the police picked up the petitioner with the vehicle. The contention is that the petitioner is in custody since 4.4.2008 and that he was handed over by the vehicle by five other accused persons. Some of the accused persons have been granted bail by me or by another Bench of this Court. The further contention is that there was a specific case registered in the Silao P.S. in the district of Nalanda against five accused persons who are said to have handed over the vehicle to the petitioner and those have been admitted to bail. The next contention is that the petitioner’s implication appears of no - 2 - consequence. The court does not want to express any definite opinion on the facts of the case as it could ultimate have the bearing on mind of the Judge who decides the matter but the fact remains that the petitioner was found in possession of the vehicle and driving it and it is also not disputed that the vehicle was a theft property, considering which, the petition is dismissed. However, if the trial of the petitioner is not concluded within a period of one and half years from the day of his remand in the case the C.J.M. Saran shall himself release the petitioner on bail to his own satisfaction in connection with Manjhi P.S.case No.23 of 2008. B.Kr. ( Dharnidhar Jha, J. )