IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41087 of 2009 Bambam Kumar, S/o Suresh Singh, Resident of Gayghat Dakchini Gali, P.S. alamganj, District Patna. --------- Petitioner Versus The State of Bihar --------- Opp. Party ----------- 2 30.11.2009 Heard learned counsel for the petitioner and counsel for the State. Considering the fact that the petitioner facing allegation for an offence under Section 379 of the Indian Penal Code has a chequered history of having criminal antecedent at least in two cases and that he is in custody only since 23.8.2009, this Court is not inclined to grant bail to the petitioner specially when the petitioner claims that he had no capacity to own a motorcycle and yet he has been seen by a large number of witnesses to be in company with the co-accused Santosh riding the motorcycle on the fateful day which is the subject matter of theft. It has to be noted that Santosh also has a number of criminal cases pending against him and therefore, the petitioner working in tandem with co-accused Santosh cannot be altogether ruled out. That being so, the petitioner having remained in custody for a period of three 2 months only, must remain in custody for a further period of nine months before renewing his prayer for bail. The petitioner is given liberty to renew his prayer for bail after completing one year of his judicial custody. Rsh (Mihir Kumar Jha, J.)