IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40202 of 2009 SUSHIL KUMAR SINGH S/O Latle Yadu Singh, Resident of Village Sakraicha, p.S. Parsa Bazar, District Patna. Versus STATE OF BIHAR ----------- 2 25/11/2009 Having perused the materials on record it is clear that the allegation against the petitioner for the offences under section 379 of the Indian Penal Code stands fully corroborated not only from the recovery but also from the statement of the witnesses in the case diary. In such circumstances the plea of the petitioner that such case was lodged on account of some misunderstanding and in fact the petitioner had taken the stolen motorcycle with the consent of the Informant, which could not be returned on account of his over staying in Sasural, cannot be accepted at least for the purposes of bail specially when the F.I.R. was lodged after good fifteen days of the alleged theft of the motorcycle of the informant. The petitioner is in custody since 20.7.2009 and there is also no averment of his criminal antecedent in this application and as noted above there is also recovery from his possession. That being so, the prayer for bail of the petitioner is rejected for the present till he would complete his judicial custody for a period of one year during which trial court must conclude his trial. If during the period of this one year his trial is not concluded solely due to laches on the part of prosecution, the petitioner will have liberty to move the court below which will then record reasons for not concluding the trial and thereafter only the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)