IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29345 of 2008 MAHAVIR SAH @ DEV KUMAR SAH Versus STATE OF BIHAR - - - - 2. 5.8.2008 Herd. The facts of the case as presented in the F.I.R. could have been sufficient for any court, least to talk of a court presided over by the learned Sessions Judge to admit the petitioner to bail. The allegation is that the house of the petitioner being raided on 7.2.2007, a T.V.S. motorcycle of the description as per the F.I.R. was recovered. There is nothing stated in the report that any seizure memo was prepared. The contention is that there was no seizure memo ever prepared in respect of the seized vehicle. After nine months of the recovery as claimed by the informant he lodged the present report alleging that the recovered motorcycle was the subject matter of a case of theft of the motorcycle and because on verification of the ownership, etc, the petitioner did not produce any document justifying the 2 possession of the vehicle, the F.I.R. was lodged. The contention is that the house of the petitioner was never raided or searched or no vehicle was recovered , else, there would have been search and recovery memo. The further contention is that the enemy of the petitioner named Kamleshwari Rai has a relative in the Police Department holding the post of Officer-in-charge of some Police Station and by utilizing his influence the petitioner is being harassed time and again and that the present case is one of the links of the chains of false cases initiated by the police against the petitioner. The learned Sessions Judge over looked this glaring fact while passing his order and merely appears influenced by the criminal antecedent of the petitioner without even caring to note down that antecedent could be created also. Regard being had to the above facts and circumstances, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten 3 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in Tajpur(Baangra) P.S.Case No. 373 of 2007. Kanth ( Dharnidhar Jha, J.)