IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31136 of 2009 Bajrangi Das @ Ram Pandit @ Sanjeev Roy, Son of late Ram Sagar Ram @ Ram Das, Resident of Village Singhiya Bazar, P.S. Singhia, District Samastipur. -------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 3 14.10.2009 Heard counsel for the petitioner and counsel for the State. Mr. Bhola Prasad, learned counsel for the petitioner would submit that as a matter of fact the case seems to be one of complete misunderstanding and misconception of the informant, inasmuch as, the petitioner being well known to the informant was handed- over/entrusted the alleged stolen property and in fact is in complete confusion that such allegation of committing theft of the goods/luggage of the informant or its being recovered from the petitioner had been made. To that extent, counsel for the petitioner also refers the close proximity of the two villages of which the petitioner and the informant were the permanent resident. The informant being a resident of village Mahe in the police station of Singhiya and the petitioner also belongs to the same police 2 station but his village being Singhiya Bazar. Two things, however, would be still not clear. One is as to why the informant would create a ghost of theft specially when his goods were already recovered and secondly that the informant aged about 63 years is not permanently residing in his village rather he is shown to be residing at a place situated in Guwahati. In that view of the matter, unless the petitioner, who is shown to be a young man, claims that he was also knowing this 63 years old man from before, he cannot succeed in the aforementioned defence. On the face of record of such allegation and recovery, the petitioner’s custody of less than six months would be not by itself a circumstance for releasing him immediately. Considering all the aforementioned circumstance, this Court for the time being would reject the prayer of the petitioner for bail with an observation that the petitioner may renew his prayer for bail after completing one year of his further jail custody. Rsh (Mihir Kumar Jha, J.)