Criminal Appeal (U/S) No.2 of 1998 Against the order of acquittal dated 12. 08. 1997 passed by Judicial Magistrate, Ist Class, Siwan, in Complaint Case No. 957 of 1993/ Trial Case No. 168 of 1997. Raghunath Singh, S/O Phirangi Singh, resident of Village- Bala, P.S. Basantpur, District- Siwan. .... .... Appellant. Versus 1. The State of Bihar. 2. Satendra Deo Narayan Singh, S/o Sheodhar Deo Narayan Singh. 3. Shreedhar Deo Narayan Singh, son of Kapildeo Narayan Singh. 4. Nathuni Sah, son of Balgobind Sah. 5. Hira Manjhi, S/o Khublal Manjhi. 6. Havaldar Manjhi, S/o Ram Prasad Manjhi. 7. Sheonath Manjhi, S/o Sheobachan Manjhi. 8. Badri Rai, S/o Rakatu Rai. 9. Shree Manjhi, S/o Sheobachan Manjhi. All resident of Village- Bala, P.S. Basantpur, District-Siwan. .... .... Respondents-O.P. For the Appellant. : Mr. Suresh Prasad Singh, Amicus Curiae. For the Respondent State : Mr. Parmeshwar Mehta, A.P.P. PRESENT THE HONBLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned Amicus Curiae and learned counsel for the State. 2. This Cr. Appeal is directed against the order of acquittal recorded by the judicial Magistrate Ist Class, Siwan, in Complaint Case No. 957/93 with regard to offence under Sections 147, 225 and 379 of Indian Penal Code. 3. The prosecution case is with regard to theft 2 of boring pipe after uprooting it. From perusal of the record, it appears that earlier F.I.R. was lodged with regard to theft of boring pipe. Final Form submitted. The case proceeded on Protest-cum-Complaint petition treating a complaint case. The witnesses were examined during trial. Trial court taking into consideration the evidence held that it is quite improbable that 65 feet pipe was taken away, but there is no mentioned that where the pipe was taken nor pipe was recovered. Hence acquitted the accused persons holding that prosecution has not been able to prove the charges. 4. However, perused the record and evidence of witnesses. The occurrence is of the year 1990. Some of the accused persons are descendent of the common ancestor. The evidence suggests improbabilities in the allegation and prosecution case. 5. Hence, I do not find any merit in this appeal accordingly, this appeal is hereby dismissed. Patna High Court The 28th September,2011. NAFR/m.p. ( Gopal Prasad, J.)