IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41091 of 2009 RAJ KISHORE SHARMA, S/O Indramani Sharma, resident of village Badiha, P.S. Chaqrpokhari, District Bhojpur. Versus STATE OF BIHAR With Cr. Misc. No.42055 of 2009 Munna Kumar Yadav, S/O Sri Chandeshwar Yadav resident of village Bardiha, P.S. Charpokhari, District Bhojpur. Versus STATE OF BIHAR ----------- 2 30/11/2009 Heard counsel for the petitioners in both the cases as also counsel for the State. Both the petitioners face prosecution for the offence under sections 379/411 of the Indian Penal Code and it is said that the recovery of the stolen motorcycle was made from petitioner Munna Kumar Yadav and the materials has come in course of investigation that petitioner Raj Kishore Sharma was also accompanying him on the motorcycle. Counsel for the petitioner Raj Kishore Sharma would submit that there is nothing against him so as to make him liable especially when recovery of stolen motorcycle is from petitioner Munna Kumar Yadav. Counsel for the petitioner also submits that the petitioner has got no criminal antecedent. On the other hand, counsel appearing on behalf of the petitioner Munna Kumar Yadav would submit that the alleged search and seizure is unbelievable especially when it is found that the petitioner, as per certificate of the headmaster of the school where the 2 petitioner Munna Kumar Yadav was said to be studying, was juvenile on the date of occurrence. This Court would find that the court below had considered all the pleas except that of juvenile and yet had taken a view that the petitioner Raj kishore Sharma could renew his prayer for bail if his trial was not concluded within a period of six months. In the opinion of this Court such order was quite reasonable even if the plea of the petitioner Raj Kishore Sharma as with regard to no criminal antecedent is accepted inasmuch as there are number of persons who have said about complicity of the petitioner. In that view of the matter, this Court is not inclined to grant bail to petitionere Raj Kishore Sharma keeping in view the aforementioned observation made by the court below giving him liberty to renew his prayer before the court below itself if trial is not concluded within a period of six months. Consequently, prayer for bail of petitioner Raj Kishore Sharma (petitioner in Cr. Misc. No.41091 of 2009) is rejected. As with regard to petitioner Munna Kumar Yadav (petitioner in Cr. Misc. No. 42055 of 2009) there being direct allegation of recovery of stolen motorcycle from his possession this Court is not inclined to release him on bail. It however appears that his plea of being juvenile having been not raised before the court below, this Court in the first instance would give liberty to him to raise this question once again before the court below and in the event it is found that the petitioner Munna Kumar Yadav on the date of occurrence was 3 juvenile, the law will take its own course. Consequently, prayer for bail of petitioner Munna Kumar Yadav is also rejected. Abhay Kumar (Mihir Kumar Jha, J.)