IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38550 of 2009 Navin Choudhary, S/o Sri Kishori Choudhary, Resident of Village Uadupatti, P.S. Pupari, District Sitamarhi. --------- Petitioner Versus The State of Bihar ----- Opp. Party ----------- 2 12.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner is facing allegation for an offence under Section 379 of the Indian Penal Code for being party to a theft of motorcycle. Learned counsel for the petitioner would submit that the implication of the petitioner in this case has only emerged in course of investigation on the confessional statement of co-accused, namely, Shikandar Manjhi who while giving whereabouts of the stolen motorcycle had also disclosed the name of the petitioner as his accomplice. He would further explain that the statement of Shikandar Manjhi was wholly malafide, inasmuch as, on 25.5.2009, the petitioner had entered into an agreement with Shikandar Manjhi by paying Rs. 25,000/- in advance for purchasing a second-hand motorcycle from Shikandar Manjhi for a total consideration of Rs. 36,000/-. Counsel for the petitioner, therefore, would submit that the petitioner has 2 unnecessarily been framed as an accused in this case only because Shikandar Manjhi did not want to return his Rs. 25,000/- taken by him. The said piece of defence of the petitioner could have inspired confidence if the petitioner had no criminal antecedent. It has come in course of investigation that the petitioner is having at least two other criminal cases exactly of the same nature relating to theft of motorcycle. That apart, the motorcycle number given by Shikandar Manjhi in the alleged agreement and the one which has been recovered, being the stolen property, is not one and the same. The police till date have not been given any paper to show that the motorcycle in question which was sought to be sold by Shikandar Manjhi to the petitioner actually belonged to him. That being so, this Court is not inclined to grant bail to the petitioner for the present as he is in custody since 11.8.2009. However, the petitioner may renew his prayer for bail after completing one year of judicial custody. Rsh (Mihir Kumar Jha, J.)