IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38640 of 2008 DHARMENDRA KUMAR SINGH … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Dr. Alok Kumar ‘Alok’ For the State: Shri Dashrath Mehta, A.P.P. - - - - 2. 15.10.2008 Heard Dr. Alok Kumar ‘Alok’ learned counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The case relates to theft of a motorcycle described in the written report. It appears that the motorcycle was found in possession of the present petitioner and one Raj Kumar Singh and the same was recovered. Besides the motorcycle the accused persons were also found in possession of some arms and a Nokia Mobile phone which could be subject matter of theft and for the above recovery a separate case bearing Mahua P.S. Case No.172 of 2007 has been lodged. The petitioner appears remanded in the present case. The contention is that accused Raj Kumar Singh was running a garage for repair of the vehicles and he had picked up the petitioner for making a round of the locality 2 and during that course the police picked up them and recovered the said vehicle. As is often found in such cases, there could be a defence in respect of each and every accused but the fact remains that the petitioner and his companion Raj Kumar Singh were moving with the vehicle besides the evidence which could incriminate the petitioner further. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)