IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38231 of 2009 RAJ KUMAR PASWAN son of Manik Paswan, resident of Mohalla- Tripolia, Patthari Ghat, P. S. Alamganj, District- Patna…. Petitioner. Versus STATE OF BIHAR . ----------- 3. 30.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for offence under Sections 379/414 and other allied offence of Indian Penal Code. Counsel for the petitioner would take a plea that the petitioner has unnecessarily been framed in this case inasmuch as the subsequent recovery of certain valuable articles or items including ornaments from his house would not mean that he is a professional thief or he had any hand in the alleged occurrence in which the informant had lost Rs.3,15,000/- from his attachi. He also refers to the fact that the petitioner has no criminal antecedent and is in custody since 4.8.2009. This Court has carefully gone into the notes of investigation of the police in the case-diary and two things are quite revealing. Firstly, the petitioner who claims to be in bona fide possession of the 2 recovered articles from his house is not in a position to satisfactory explain his means for having them. The petitioner is the son of retired peon of Transport Department and he has got no job. The petitioner has got four children and yet he claims availability of ornaments and other thing in the house without there being any permanent source of income. It is in these circumstances that the second thing namely, his own confession before the police which gets also some sort of corroboration from the recovery of unexplained huge valuables from his possession without there being any source of income for the same, also would go against him. Considering the aforementioned aspects, this court is not inclined to grant bail to the petitioner for the present. However, he may renew his prayer for bail after completing one year of his judicial custody. kanchan (Mihir Kumar Jha, J.)