Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 48898 of 2012 =================================================== Mukesh Paswan, Son of Surendra Paswan. .... .... Petitioner/s Versus The Union of Inida & Anr. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 17.12.2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offences under [STATUTE] , Sections 25(1-B) A, 26(ii) and 35 of the Arms Act and Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985. Considering that the Petitioner is in custody since 25.05.2012 for recovery of one country-made pistol, two live cartridges and 1.5 Kgs. of ganja and the Petitioner was not implicated in any other case previous to the present one, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Special Judge/Sessions Judge, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 131 of 2012 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will Patna High Court Cr.Misc. No.48898 of 2012 (2) dt.17-12-2012 2 give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the brother/father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the Petitioner was never an accused earlier to the present case shall be verified by the Magistrate concerned before releasing him on bail. Vikash/- (Anjana Prakash, 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.