IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.134 of 2009 SUSHIL KUMAR YADAV @ SUSHIL YADAV, SON OF JHAMELI YADAV, RESIDENT OF VILLAGE-CHAKARDAHA(PULHA), POLICE STATION-NARPATGANJ, DISTRICT-ARARIA………….PETITIONER. Versus THE STATE OF BIHAR………………………………OPPOSITE PARTY. ----------- 3. 1.4.2009. Heard Mr. Mukesh Kumar Rana, the learned counsel for the petitioner, Sushil Kumar Yadav alias Sushil Yadav, who figures as one of the F.I.R. named accused in Narpatganj P.S. Case No.167 of 2008 registered under Section 414 I.P.C. on the basis a Yamaha motorcycle bearing Registration No.PB-13A-1277 being found in his possession. Also heard Mr. Jharkhandi Upadhyay, the learned A.P.P. for the State. The submission on behalf of the petitioner, by placing reliance on Annexure-2 which happens to be an affidavit before the Notary Public, Forbisganj, filed by one Rajendra Yadav, of Koshkapur Jharkaha within Narpatganj P.S. in the district of Araria, is that he had bought the motorcycle in question from the said Rajendra Yadav and the said motorcycle was not a stolen vehicle. Unfortunately the affidavit of Rajendra Yadav, is a revealing one which discloses that he had purportedly purchased the motorcycle in Punjab from one Jagdish Goyal of Ahmadgarh within Sangur district of Punjab and due to paucity of funds he had not transferred the registration of the said motorcycle in his own name. The said affidavit also does not disclose the date of purchase by the petitioner and merely states that the petitioner would be the owner of the vehicle from the date of affidavit which is 5.6.2008. Apparently, the said - 2 - Rajendra Yadav, could not transfer ownership of a property of which he himself was not the owner to a third person. In the facts and the circumstances of the case, I am not in a position to direct for release of the petitioner on bail. His prayer for bail is rejected. He may renew his prayer for bail after six months. P.S. (Abhijit Sinha,J)