IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42724 of 2008 JAI PRAKASH YADAV SON OF RAGHUNANDAN YADAV, RESIDENT OF VILLAGE KAUTAPATTI, P.S. KISHANPUR, DISTRICT SUPAUL. Versus STATE OF BIHAR ----------- 3/ 12-02-2009 Heard. The case has been registered under sections 392. 307, 411 of the Indian Penal Code and 27 Arms Act. Learned counsel appearing for the petitioner has submitted that the petitioner could be held up only for the offence under section 411 of the Indian Penal Code and for that he had remained in custody for more than nine months. He has pointed out certain circumstances on the recovery and has contended that the recovery of mobile shown by the police was wrong and inasmuch as the wrong mobile set was recovered from the petitioner and other man who was not on spot. On perusal of the case diary what appears is that while the petitioner and other accused persons were good their escape the informant and others chased them and the petitioner and his company fired at them, but still while fleeing away they were caught with the theft article with help of the villagers. It is the continuity of the crime. The petition is dismissed. BTiwary/ ( Dharnidhar Jha, J )