Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45470 of 2009 ====================================================== 1. Arvind Kumar Rai S/O Shri Mohan Rai R/O Vill.- Fatehpur, P.S.- Kanti, Distt.- Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 30.03.2012 The petitioner seeks quashing of the order dated 03.09.2009 passed by the Sessions Judge, Muzaffarpur in Cr. Rev. No. 132 of 2009 by which he has confirmed the order dated 16.07.2009 passed by the Judicial Magistrate, 1st Class, Muzaffarpur in Muzaffarpur Sadar P.S. Case No. 316 of 2008 corresponding to Tr. No. 2757 of 2009. The prosecution case is that the petitioner was arrested with the motorcycle which was allegedly stolen. Subsequently some papers had been brought on record from which it appears that the motorcycle stood transferred in the name of one Jitendra Singh which was subsequently transferred in the name of Suman Kumar but the owner-ship of the same was not transferred in his name. A release petition was filed by the said Suman Kumar stating therein that the motorcycle recovered from the house of the petitioner had not been stolen by him but in fact it had been borrowed from him and, therefore, it be released. He produced the original papers with regard to his owner-ship. Initially, his prayer was disallowed by the Magistrate but on revision it was allowed. The petitioner, therefore, prays that under the Patna High Court Cr.Misc. No.45470 of 2009 (2) dt.30-03-2012 2 circumstances, when no case has been instituted by the real owner i.e. Suman Kumar and he himself filed a petition before the Court below stating therein that he has lent the motorcycle to the petitioner no offence under [STATUTE] would be made out against the petitioner. Considering the aforesaid submission, the application is allowed and the entire proceeding including the order dated 03.09.2009 passed by the Sessions Judge, Muzaffarpur in Cr. Rev. No. 132 of 2009 by which he has confirmed the order dated 16.07.2009 passed by the Judicial Magistrate, 1st Class, Muzaffarpur in Muzaffarpur Sadar P.S. Case No. 316 of 2008 corresponding to Tr. No. 2757 of 2009 is, hereby, set aside. Vikash/- (Anjana Prakash, 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.