IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18311 of 2009 PAPPU YADAV Versus THE STATE OF BIHAR ----------- 3. 05.08.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under section 392 IPC. The informant and his father alighted from the train and were moving towards home along the rail track. It is alleged that two unknown persons intercepted them and at gunpoint they were relieved of their belongings including cash and mobile phone. It appears that the mobile phone was recovered from the possession of the petitioner which belonged to the informant as subsequently the informant did produce valid receipt in respect thereof. Apart from this, there is confessional statement of the petitioner. Learned counsel for the petitioner tried to explain the possession of the mobile phone. It is submitted that it was handed over to the younger brother of the petitioner by his brother-in-law and thereafter his brother gave it to him. It is stated that the petitioner is in custody since 29.01.2009 and that he has no criminal antecedent. Having considered the allegations and materials available on record, this Court is not inclined to admit the petitioner to bail. His prayer for bail is accordingly rejected. - 2 - However, if the trial of the case is not taken up within seven months from the date of receipt/communication of this order in the court below, the petitioner may renew his prayer for bail. hr ( Kishore K. Mandal )