Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.611 of 2012 ====================================================== Anand Prakash Gupta @ Anand Prasad Gupta, s/o Mohan Prasad Gupta, r/o Village - Tejpurwa, Post Office - Tejpurwa, Police Station - Marhowrah, District - Saran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Dr. Harendra Kumar Singh, Advocate For the State of Bihar : Mr. R.A. Singh, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 19-06-2012 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State of Bihar. The present Revision Application has been filed under Section 53 of the Juvenile Justice( Care and Protection of Children) Act, 2000 ( hereinafter referred to as “the Act”), questioning the validity and correctness of order dated 13.4.2012 passed by the Juvenile Justice Board, Saran, in Juvenile Enquiry No. 184 of 2012 as also the appellate order dated 9.5.2012 passed in Criminal( Juvenile) Appeal No. 44 of 2012 by the learned Sessions Judge, Saran, whereby prayer for bail made on behalf of the petitioner in connection with Marhowrah P.S.Case No. 354 of Patna High Court CR. REV. No.611 of 2012 (2) dt.19-06-2012 2 / 3 2 2011 dated 28.12.2011, registered under [STATUTE] as also under Sections 25(1-B), a/26(ii) of the Arms Act has been refused. Learned counsel for the petitioner submits that by an order dated 20th March 2012, passed by the learned Juvenile Justice Board, Saran, the petitioner was held to be a juvenile under the meaning of Section 2 ( k) of the Act. It is submitted that in view of the fact that petitioner has been held to be a juvenile and he is under judicial custody since 30.12.2011, he ought to have been granted bail with any reasonable condition put by the learned Juvenile Justice Board or by the lower appellate court. It is contended that the impugned orders passed by the courts below are contrary to the mandate of Section 12(1) of the Act. Learned Additional Public Prosecutor, though opposed the present petition but has not been able to show any material that the petitioner is involved in any other criminal case except the present one. Be that as it may, in the facts and circumstances of the case, the present application is allowed and the impugned orders passed by the courts below are set aside. The petitioner Anand Prakash Gupta alias Anand Prasad Gupta is directed to be released on bail on furnishing a bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Saran, in connection with Marhowrah P.S.Case No. 354 of 2011, subject to the conditions that: (a) Only the parents of the petitioner shall be the bailers. (b) The father of the petitioner shall furnish a bond Patna High Court CR. REV. No.611 of 2012 (2) dt.19-06-2012 3 / 3 3 of good behaviour of the petitioner. He shall also give an undertaking that the petitioner shall keep good conduct during the pendency of the criminal trial and shall not indulge in any other criminal activity. (c) Violation of any terms and conditions of bail put forward by this Court may entail cancellation of bail of the petitioner by learned Juvenile Justice Board, after giving him an opportunity of hearing. Let certified copy of order dated 20.3.2012 passed by the Juvenile Justice Board, Saran, produced by the learned counsel for the petitioner, be kept on record. Let this order be communicated to the learned Juvenile Justice Board, Saran at Chapra, through fax at the cost of the petitioner. Kanth/- (Birendra Prasad Verma, 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.