Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44630 of 2011 Uday Narayan Tiwari @ Babua Tiwari Versus The State Of Bihar with Criminal Miscellaneous No.43974 of 2011 Deepak Kumar Versus The State Of Bihar ----------- 02/ 13.01.2012 Both the above stated petitions arise out of Behea P.S. Case no. 147/2011 registered under [STATUTE] , 25(I-b)A(C ), 26, 35 of the Arms Act and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Allegedly, petitioners along with some co-accused persons were caught on 4.9.2011 while they had assembled to make preparation for committing dacoity and furthermore, it is stated that fire arms were recovered from the possession of the petitioners. Learned counsel for the petitioner in Cr. Misc. no. 44630/2011 drew my attention towards this fact that according to the prosecution case itself, petitioner was caught on 4.9.2011 at 12.30 p.m but he was produced by learned Chief Judicial Magistrate, Bhojpur on 6.9.2011. It is further contended by him that nothing has been recovered from the possession of the petitioner but unfortunately, petitioner was caught by the police near the place of the occurrence and illegal demand was made. It is further contended by him that when the petitioner failed to grease the palm of the police, he was remanded in the present case. It is pointed out by him that the - 2 - petitioner does not have any criminal antecedent. Almost similar argument was advanced on behalf of petitioner in Cr. Misc. no. 43974/2011 but it is brought to my notice that prior to registration of the present case, no case had been lodged against petitioner in Cr. Misc. no. 43974/2011 but after institution of the present case, petitioner has been remanded in three other cases. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Uday Narayan Tiwari @ Babua Tiwari and Deepak Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Behea P.S. Case no. 147/2011. shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 414

Statute Text:
Section 414 of the Indian Penal Code. Assisting in concealment or disposal of stolen property, knowing it to be stolen. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.