IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38726 of 2008 SHAILENDRA YADAV … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner : ShriLaw Kush Kumar For the State: Shri Dashrath Mehta,APP - - - - 2. 15.10.2008 Heard Shri Law Kush Kumar, learned counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The case relates to theft of a motorcycle. That motorcycle was found in possession of the petitioner who was found moving on the motorcycle. The vehicle was seized. The contention is that there is some element of fabrication in the prosecution story inasmuch as the recovery was shown on the very next day of lodging of the F.I.R. and that the police has created an evidence in respect of the petitioner. The contention further is that it is a case of false implication. Regard being had to the fact that the motorcycle was found in possession of the petitioner, whether there was any companion or 2 not, does not appear of much consequence and considering the recovery, I am not inclined to direct the release of the petitioner on bail. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)