IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27633 of 2008 ABHAY @ LOHA SINGH @ ABHAY KR.SINGH Versus THE STATE OF BIHAR ----------- 3. 23.9.2008 The case is under Sections 395 & 412 of the IPC and relates to relieving the informant of his Hero Honda motor cycle bearing Registration No. BR 44A 0943 at gun point. It appears that co-accused Shambhu Kishore Thakur confessed to his guilt and that led to the recovery of the vehicle from a particular place and in his confession he also named the present petitioner, upon which the house of the petitioner was searched and the key of the motor cycle as also some income tax papers relating to the co-accused Shambhu Kishore Thakur were recovered from the house of the petitioner. The contention is that the informant probably knew the petitioner, but still he did not name the petitioner and that the recovery of the key and income tax documents may not be a clinching material. It is not that it could be simply a case of recovery, which could be made by the police at random, it is a recovery on account of the confession of a co-accused about - 2 - complicity of the petitioner. The complicity of the petitioner could be gathered from the very possession of the key of the motor cycle and considering that, I am not inclined to direct the release of Abhay @ Loha Singh @ Abhay Kumar Singh on bail. The petition is dismissed. DKS/ (Dharnidhar Jha, J)