IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49868 of 2007 GHONTI YADAV Versus THE STATE OF BIHAR ----------- 3 9/05/2008 Heard. The petitioner is an accused in Massaurhi P.S. Case No. 122/2005 under section 395, 397 and 412 of the Indian Penal Code. Learned counsel for the petitioner submitted that the first information report is against unknown. The prayer for bail of the petitioner was rejected because the looted television and stabilizer are said to have been recovered from the house of the petitioner. Learned counsel for the petitioner referred to several paragraphs of the case diary and submitted that the alleged articles were not recovered from the residence of the petitioner rather they are said to have been recovered from the place which of course is the house of the petitioner but under construction having open windows and doors. Under the circumstances, the petitioner atleast deserves to be enlarged on bail. There has been no T.I. parade also. The petitioner is in custody since 20.8.2007. From perusal of the lower court record and the case diary, it appears that the name of the petitioner has come in the confessional statement of the co-accused and there is recovery also from his house, though under construction, I do not feel inclined to release the petitioner on bail. His prayer for bail is rejected for the present. (Rekha Kumari, J.) - 2 -