IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40181 of 2009 SARBESH KUMAR SRIVASTAVA Versus THE STATE OF BIHAR ----------- 3 18.11.2009 Heard learned counsel for the petitioner and the State. Petitioner’s prayer for bail has already been rejected by this Court only on 6.3.2009 in a case in which a truck was looted. The single and simple ground for fresh prayer for bail is remaining of driver and khalasi of the looted truck at Baniyapur police station but they were taken away from Baniyapur P.S. to Mohammadpur police station. According to learned counsel, the case should be instituted in Baniyapur Police Station but the incident took place at some place on N.H.28. The informant was informed by his driver and Khalasi about the incident then only he came to police station where his driver and Khalasi had taken shelter, rightly the case has been lodged with Mohammadpur police station, otherwise petitioner has been identified by the witnesses. The grievance of jurisdiction cannot be decided while deciding bail petition. The prayer for bail is again rejected. The trial of G.R.NO. 1769 of 2008 arising out of Mohammadpur P.S.Case No. 67 of 2008 pending in the court of Chief Judicial Magistrate, Gopalganj is directed to be expedited. A.I (Mandhata Singh, J.)