IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4500 of 2011 Amresh Paswan, Son of Krishna Paswan, resident of Mohalla-Raja Bazar, Daulatpur, P.S.-Jehanabad, District-Jehanabad. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 14.02.2011 The petitioner is in custody in relation to Punpun P.S. Case No.124 of 2009 instituted under Section 395 of the Indian Penal Code. On behalf of the petitioner, it is submitted that on the date of occurrence petitioner was in judicial custody. It is further submitted that the learned Sessions Judge who disposed of the matter has committed error of record in holding that the mobile recovered from the petitioner was the stolen mobile of the informant, in fact, mobile recovered from the petitioner was the mobile of a relative of the petitioner. In my view, both issues first pointedly raised before the learned Sessions Judge who was in a better position to appreciate to decide those issues. I, accordingly, direct the petitioner to move before the learned Additional Sessions Judge-III, Patna once again on these specific issues who would decide the same and pass appropriate orders in respect of the bail accordingly keeping in view the antecedent of the petitioner as well. This application is disposed of accordingly. Trivedi/ (Navaniti Prasad Singh, J.)