Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39960 of 2012 ====================================================== Manjeet Kumar Mishra @ Munna Mishra, son of Mahesh Mishra @ Satya Narayan Mishra, Resident of Vill. Narwara, P.S. Tariani, Distt. Sheohar. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 06-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Harsidhi P.S. Case No. 151 of 2012 registered for offence punishable under [STATUTE] as well as Sections 25 (1-B) (a), 26 and 35 of the Arms Act. The allegation is that the petitioner was caught along with two others riding a motorbike and from his possession one live .315 bore cartridge and one folding dagger were recovered. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and he is not connected with any crime. It is further submitted that he is in custody since 21.05.2012 in the present case. It is also submitted that he has been made accused on the basis of confessional statement in two Patna High Court Cr.Misc. No.39960 of 2012 (2) dt.06-11-2012 2 other cases but no Test Identification Parade has been held in the said cases. It is further submitted that from perusal of the seizure list, copy of which has been made Annexure-2 in the present application, the very first entry with regard to case number is blank. It is thus submitted that the same has been filled up in a routine manner and with mala fide intention recovery has been shown. Learned A.P.P. for the State opposes the prayer for bail and submits that there is recovery from the possession of the petitioner and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in Harsidhi P.S. Case No. 151 of 2012. One of the bailors shall be the father of the petitioner. Both the bailor and the petitioner shall execute a bond of good behaviour and the petitioner shall also give an undertaking that he shall not indulge in any criminal activity. The petitioner shall be physically present on each and every date fixed before the court till the disposal of the case. Failure to be present before the court Patna High Court Cr.Misc. No.39960 of 2012 (2) dt.06-11-2012 3 on two consecutive dates without sufficient cause and violation of the terms and conditions of the bonds and the undertaking shall lead to cancellation of the bail bonds of the petitioner in the present case. Anjani/- (Ahsanuddin Amanullah, 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.