IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19471 of 2011 Ajay Sah, S/O-Jageshwar Sah Versus The State Of Bihar with Cr.Misc. No.21628 of 2011 Awadhesh Rai @ Yadav, S/O-Uma Shankar Rai Versus The State Of Bihar ----------- 02 11.07.2011 Both the above stated petitions arise out of Rajepur P.S. Case No. 133 of 2010 registered under Section 379 of the Indian Penal Code, and accordingly, both the above stated petitions are being disposed of by this common order. Although, petitioners are not named in the first information report but in course of investigation they were caught with stolen motorcycle as it appears from the impugned order of learned 1st Additional Sessions Judge, East Champaran, Motihari. The contention of learned counsel for the petitioners is that they do not have any criminal antecedent and it is not clear as to which of the petitioners were driving the aforesaid motorcycle. Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners in connection with Rajepur P.S. Case No. 133 of 2010, stands rejected. However, if the petitioners move their bail petitions before the learned court below in the light of observation given 2 by 1st Additional Sessions Judge, East Champaran at Motihari this order would not prejudice the hearing of aforesaid bail petition. Shahzad ( Hemant Kumar Srivastava, J.)