IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46086 of 2008 MANOJ CHOUDHARY Versus STATE OF BIHAR with Cr.Misc. No.47193 of 2008 SUNIL SINGH @ SUNIL KUMAR SINGH & ANR Versus STATE OF BIHAR ----------- 3. 15.1.2009 Heard. The case has been registered under section 414 of the Indian Penal Code and the two petitions have been filed on behalf of Manoj Choudhary, Sunil Singh @ Sunil Kumar Singh and Shailendra Kumar Singh. In that case Manoj Choudhary was, as per allegation, found sitting in the driver seat of the vehicle and it was admitted by him that the vehicle was obtained through theft and it was being negotiated to be sold to some persons by the two petitioners of other petition and some other accused. On perusal of the case diary it appears that the vehicle was brought to be sold to some persons who had paid some part of the money and wanted the accused persons to show documents in relation to the vehicle but not getting the same they surrendered the vehicle to the police after informing him. It is not indicated in the case diary that the vehicle was obtained in theft. But at the same 2 time petitioners also did not claim that they were owners of the vehicle. Contention is that there is no report of any case about the theft of the vehicle. The Court does not know that there is purely absence of any authentic report of a case in respect of theft of the vehicle but at any rate considering the period of incarceration, the Court directs the petitioners of two petitions namely Manoj Choudhary, Sunil Singh @ Sunil Kumar Singh and Shailendra Kumar Singh to be released from custody on furnishing bonds each of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh in Pandarak P.S. case no. 112/08. The Court finds that the investigation is completely unsatisfactory. The police officer or the police station by which the case is being investigated into appears devoid of simple common sense of tracing out the vehicle by utilizing its chasis number and engine number but that has not been done. As such the present order of bail shall be revisable by the court below itself in case the police personnels find facts about the sale, purchase 3 and theft of the vehicle from any part of India. Let a copy of this order be transmitted to the Superintendent of Police (Rural), Patna as also to the Senior Superintendent of Police, Patna for information and guiding the investigation in the proper direction. (Dharnidhar Jha,J.) AI