Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44701 of 2012 ====================================================== Dipu Pandey S/O Late Bachcha Pandey R/O Village - Bhawra, P.S. Balthar, District - West Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 21-11-2012 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Sikta P.S. Case No. 41 of 2010 registered for offence punishable under [STATUTE] . Allegation as set out in the F.I.R. placed at Annexure-1 charges the accused of trying to smuggle certain building materials to Nepal and in the process the trolley in which the same was loaded lost balance and overturned. The FIR charges the petitioner of being the owner of the materials. Learned counsel for the petitioner submits that except for the hearsay information gathered by the informant there is no other material connecting this petitioner to the alleged occurrence and that his involvement is on grounds that earlier he had been charged with such offence. It is further with reference to the order dated 2.8.2010 passed in the present proceedings submitted that whereas the vehicle has been claimed by one Jawahar Lal Prasad and Shambhu Yadav, the material has been claimed by one Dharmendra Yadav as also taken note of in the order impugned passed by the learned court below. The petitioner had earlier moved this Court for anticipatory bail in Patna High Court Cr.Misc. No.44701 of 2012 (2) dt.21-11-2012 2 Criminal Misc. No. 25039 of 2010 but in view of the submission of the final form by the investigating agency finding the charges as a mistake of fact, the petitioner chose to withdraw the application which was allowed vide order passed on 12.10.2010. It is submitted that as the learned Magistrate differing with the final form has chosen to take cognizance, hence the present application. Regard being had to the submissions of learned counsel and the materials on record, let the petitioner Dipu Pandey in the event of his arrest or surrender within a period of four weeks from the date of receipt/ production of the present order be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sikta P.S. Case No. 41 of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. S.Sb/- (Jyoti Saran, 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.