Case Facts:
Patna High Court Cr.Misc. No.35751 of 2011 (4) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35751 of 2011 ====================================================== Raju Kumar Rai S/O Damodar Rai R/O Village - Mubarakpur, P.S. Shahpur, P.O. Danapur, Distt. - Patna .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioner : Mr. Md. Sharfuddin For the Opposite Party : Mr. Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 04. 01-02-2012 Heard the parties. The petitioner is in custody in connection with Bikramganj P.S. Case No. 67 of 2011 for offence punishable under [STATUTE] . The name of the petitioner has transpired by reason of a confessional statement of a co-accused Shiv Shankar Singh which finds place at paragraph 40 of the case diary. It is alleged that on the confession of the said co-accused a sum of Rs. 1, 38,800/- was recovered from the house of the petitioner and thereafter on the confession made by this petitioner a sum of Rs. 1,34,000/- was recovered from the house of co-accused Kaju Kumar. Learned counsel for the petitioner submits that despite Patna High Court Cr.Misc. No.35751 of 2011 (4) dt.01-02-2012 there being allegation regarding recovery of the alleged amount robbed from the person of the informant, there is no seizure list as to the said recovery. He further submits that the F.I.R. having been instituted against the unknown no T.I. Parade has yet been carried out by the investigating agency for identification of the petitioner. It is contended that in the aforesaid circumstances the petitioner having a clean antecedent has remained in custody since 19.5.2011. Having heard learned counsel appearing on behalf of the parties and having perused the materials on record, let the petitioner Raju Kumar Rai 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 S.D.J.M., Bikramganj at Rohtas in connection with Bikramganj P.S. Case No. 67 of 2011 subject to the condition that the learned court below before directing release shall verify the statement of the petitioner made before this Court regarding having a clean antecedent and if the said statement of the petitioner is not found to be correct he shall not be released. S.Sb/- (Jyoti Saran, 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.