IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 4879 of 2011 Kalim Sah, son of Chhedi Sah, resident of village – Fakir Tola, Gogri, Jamalpur, P S – Gogri, District – Khagaria - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 08.03.2011 The petitioner is in custody in relation to Parbatta Police Station Case No 55 of 2010 instituted under Section 395 of Indian Penal Code. Petitioner is not named in the first information report. It is stated that when the informant, alongwith his cousin, was travelling on their motorcycle, some miscreants took away the mobile, motorcycle, ATM Card etc. In course of investigation, police was able to trace out the mobile which was being used for some time by the son of the petitioner. Petitioner is not able to explain the aforesaid. Learned Sessions Judge has also noticed that the antecedent of the petitioner is not clear. Learned counsel for the petitioner submits that Sanjay Sharma and Pappu Sharma have been granted bail by this Court in Cr Misc No 15986 of 2010 disposed of on 02.07.2010. The order has been appended as Annexure-2 to the application. I have gone through the order. The order clearly is based on the premise that there was no recovery from them whereas, in the present case, the stolen mobile was traced to the petitioner/his son. In that view of the matter, I am not inclined to interfere in the matter at this stage. Prayer of petitioner for bail is rejected. The petitioner would be free to move application for bail before the trial Court once charges are framed. M.E.H./ (Navaniti Prasad Singh)