Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38550 of 2011 ====================================================== Mahendra Yadav, son of Birja yadav, R/O village-Dharauli, P.S.Bagan Gola, District-Buxar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 24-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Brahmpur P.S.Case No.42 of 2008 for the offence punishable under [STATUTE] . The first information report was against unknown and the name of the petitioner has transpired on the basis of the statement given by co-accused. It is contended that Ravindra Yadav and Munna Yadav from whom the motor cycle was recovered, have since been granted bail by order dated 14.8.2008 passed in Cr.Misc.No.30911 of 2008 and Cr.Misc.No.31827 of 2008. He further submits that even the co-accused Sheojas Yadav, who had named this petitioner, has also been granted bail by order dated Patna High Court Cr.Misc. No.38550 of 2011 (3) dt.24-01-2012 2 20.7.2009 passed in Cr.Misc.No.18704 of 2009. It is contended that even in the absence of any recovery from the petitioner, or the petitioner being put on test identification parade, he has remained in custody since 21.9.2011 having no criminal antecedent. Regard being had to the submissions of the learned counsel, let the petitioner Mahendra Yadav be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S.Case No.42 of 2008. ahk (Jyoti Saran, J.)

Applicable IPC Section: 412

Statute Text:
Section 412 of the Indian Penal Code. Dishonestly receiving stolen property, knowing that it was obtained by Dacoity. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.