This revision application filed under Sections 397 and 401 of the Indian Penal Code is directed against the Judgment and order dated 29.4.2016 passed by the learned Sessions Judge, Muzaffarpur, in Cr. Appeal No. 76 of 2015 whereby the Judgment and order of conviction dated 28.7.2015 passed by the learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 762 of 2014, corresponding to G.R. No. 6440 of 2014, Trial No. 119 of 2015 has been affirmed by the aforesaid Judgment and order of conviction dated 28.7.2015. The learned Magistrate has convicted the petitioner under Section 379 of the Indian Penal Code and sentenced him to undergo simple imprisonment for two years.

2. The First Information Report was registered on the basis of oral statement of one Santosh Kumar as Ahiyapur P.S. Case No. 762 of 2014 under Sections 379 and 414 of the Indian Penal Code. In his oral statement, the said Santosh Kumar has stated that on 26th December, 2014 at about 6:45 P.M. he was returned home from Kejriwal Hospital by his motorcycle bearing registration No. BR06-AA-2977, Chassis No. MBLHAI0EWCGA, Engine No. JA1OEDCGA 47273 and parked the same in front of