Case Facts:
Patna High Court Cr.Misc. No.41045 of 2012 (2) dt.10-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41045 of 2012 ====================================================== Jay Prakash Kumar Paswan @ Vinod Paswan S/o Dewaki Paswan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2. 10.10.2012 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 16.07.2012 in connection with alleged offences under [STATUTE] . and 25 (1-B) A/26 of the Arms Act registered in connection with Goraul P.S. Case No. 230 of 2012. 3. According to the prosecution case one S.I. Banarash Paswan proceeded for recovery of stolen articles on the basis of confessional statement of one Ashok Kumar Paswan and upon reaching village Mohamaddpur Tugari, he found a young boy fleeing after seeing them and was caught. The police proceeded 200 mt. to the north from there and found a motor cycle and also a country made loaded pistol with cartridges from a thatched hut. 4. Learned counsel for the petitioner however submits that he has nothing to do with the articles Patna High Court Cr.Misc. No.41045 of 2012 (2) dt.10-10-2012 recovered and police have not recovered anything from the conscious possession of the petitioner rather from 200 mt. away from where he was arrested. He further states that the thatched hut also does not belong to him. 5. Considering the aforesaid facts, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 230 of 2012 on the following conditions- (i) That the petitioner will not indulge himself in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Fahad. (Vikash Jain, J.)

Applicable IPC Section: 413

Statute Text:
Section 413 of the Indian Penal Code. Habitually dealing in stolen property. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.