IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39796 of 2009 Rajiv Kumar Singh @ Munni, Son of Late Ashok Mahto, Resident of Village Jaipur Dhanki, P.S. Agamkuan, District Patna. ------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 2 19.11.2009 Heard counsel for the petitioner and counsel for the State. Considering the nature of allegation against the petitioner for an offence under Section 379 of the Indian Penal Code and the fact that the petitioner has also got criminal antecedent, this Court, taking into account that the petitioner is in custody only for a period of little more than four months, at present, is not inclined to grant bail to the petitioner. The submission of the learned counsel for the petitioner that there was a delay in the institution of First Information Report would also make no difference in the facts and circumstances of this case because an outsider whose truck was subjected to theft by removal of a large number of bundles of blanket and some cartoons will definitely require sometime for its driver to inform the owner of the truck and the consignment. That apart, the 2 informant in fact had also not named any person for committing such theft which would only go to show that the offence in fact has been committed. In this background, when this Court would find that there are independent witness also who have supported the involvement of the petitioner, a fact which also gets corroborated from the confession of the co- accused, this Court would not find the petitioner, who as noted above is also having criminal antecedent, entitled for being enlarged on bail for the present till he completes his judicial custody for a period of one year. Consequently, the prayer for bail of the petitioner, namely, Rajiv Kumar Singh @ Munni is rejected with a liberty that that the petitioner may renew his prayer for bail after completing one year of his judicial custody. Rsh (Mihir Kumar Jha, J.)