IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45311 of 2008 LACHHO YADAV @ LAXMI YADAV, son of Late Nasib Yadav, resident of village Khirodharpur (Bari Govindur), P.S. Dharhara, District Munger …..Petitioner Versus STATE OF BIHAR ….Opposite party ----------- 04 16.12.2008 Heard learned counsel for the petitioner and the State. Petitioner is accused in a case registered for the offence under Sections 382, 120B, 379 and 411 of the Indian Penal Code in regard to theft of the railway tiles, which was seized from the two trucks registered in the name of wife and daughter of the petitioner. It is submitted on behalf of the petitioner that he has not been named in the First Information Report, which is registered against the driver, khalasi and one Manohar Yadav, who was also present during the theft and seizure of the trucks laden with railway property. Petitioner and his son have been implicated in this case on the basis of their ownership of the truck. It is further submitted that the son of the petitioner, Sanjay Yadav has been admitted to the privilege of bail in the event of arrest by another Bench of this Court under orders dated 8.9.2008, as contained in Annexure-5A to this application and for the reasons indicated in the said order, petitioner be also admitted to the privilege of bail. I regret not to accept such submission, as perusal of the order dated 8.9.2008, Annexure-5A does not indicate that while admitting Sanjay Yadav to the privilege of bail, this Court 2 considered that Sanjay Yadav happens to be the brother and son of the two ladies, the registered owner of the truck, which was involved in theft of the railway property, as such, I do not feel persuaded to follow the order dated 8.9.2008, Annexure-5A to this application. It is further submitted on behalf of the petitioner that the registered owner of the truck i.e. wife and daughter of the petitioner have been admitted to the privilege of bail by another Bench of this Court under orders dated 26.8.2008, Annexure-5 to this application. The petitioner, who may be the real owner of the truck be also admitted to such privilege. I again regret not to accept the said submission as the ladies in whose name the trucks are registered, appear to have been released on bail in a case of theft of railway property as they are ladies. So far petitioner is concerned, he is involved in the theft of the railway properties, which was seized from his two trucks and appreciating such fact I have already rejected the prayer for bail of his son, Sanjay Yadav in the connected application under orders dated 20.11.2008, passed in Cr. Misc. No. 43307 of 2008. In the circumstances, prayer of the petitioner for grant of bail is also rejected. Arjun/ (V.N. Sinha, J.)