IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53021 of 2007 SHIVNATH YADAV Versus STATE OF BIHAR WITH Cr.Misc. No.10637 of 2008 DISHINATH @ RISHINATH YADAV @ RINKU YADAV Versus STATE OF BIHAR ********* 3 14.05.2008 Heard Counsel for the petitioners and the A.P.P. representing the State. This is an application for bail on behalf of the petitioners, namely, Shivnath Yadav and Dishinath @ Rishinath Yadav @ Rinku Yadav who are accused in a case under Sections 379 of the Indian Penal Code. Counsel for the petitioners submits that there is nothing to connect the petitioners with the alleged offence and the petitioners have been implicated in this case only on account of collusive role of the Police. It is further submitted that the petitioners are in custody since 11.09.2007 and they have no criminal antecedents. On the other hand, the learned A.P.P. on the basis of materials in the case diary submits that an effort has been made to commit the theft of a motorcycle and petitioners were the members of a gang who had started the work of removing the motorcycle but on account of timely intervention of the neighboring persons, the theft - 2 - of motorcycle could not be completed and on chase all the five members of the gang including the petitioners were apprehended at the spot and a seizure list was also prepared which contains the signature of the petitioners. Considering the aforementioned submission and specially in view of the fact that the petitioners have been apprehended at the spot by the police on chase and incriminating articles including tools and apparatus for committing theft has been recovered, this Court is not inclined to grant bail to the petitioners. Accordingly the prayer for bail on behalf of the petitioners, namely, Shivnath Yadav and Dishinath @ Rishinath Yadav @ Rinku Yadav is hereby rejected. The petitioners may renew their prayer after completing one and a half years in judicial custody. Anand ( Mihir Kumar Jha, J.)