Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 455 of 2012 ====================================================== Rahul Kumar Son of Pawan Yadav, resident of Village- Kanp (Tola Madhepura), P.S. Sour Bazar, District- Saharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 24-04-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected on 02.12.2011 by the Juvenile Justice Board, Saharsa in connection with G.R. No. 177/2011, corresponding to Saharsa Sadar P.S. Case No. 51 of 2011. The appeal was also dismissed on 24.02.2012 by the Sessions Judge, Saharsa in Cr. Appeal No. 9A/2012. The petitioner is an accused in Saharsa Sadar P.S. Case No. 51 of 2011 dated 03.02.2011 registered for offence under [STATUTE] . Though initially the case was lodged against unknown persons, it appears that police recovered the motorcycle from one Santosh Thakur who confessed about his guilt and Patna High Court CR. REV. No.455 of 2012 (2) dt.24-04-2012 2 / 3 2 named another co-accused Ashish Kumar Jha who in turn appears to have given confessional statement to implicate the petitioner. Learned counsel submits that the petitioner has been declared to be a juvenile and his age has been assessed as 15 years 9 months and 18 days on the date of occurrence. It is further submitted that on the basis of the confessional statement of co-accused Ashish Kumar Jha the petitioner has subsequently also been made accused in two other cases for snatching of motorcycle by the police and prior to that he has no criminal antecedent. It is further submitted that the petitioner was neither caught at the spot nor any recovery has been made from him and he has not also been put on Test Identification Parade and thus there is nothing to connect him to the alleged incident. Learned counsel has produced before this Court a web copy of the order dated 10.04.2012 passed by this Court in Cr. Revision No. 403 of 2012 by which Manish Kumar Mani @ Sonu a similarly situated co-accused has been granted bail. Let the same be kept on record. Considering the facts and circumstances of the case, let the petitioner namely, Rahul Kumar 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 Juvenile Justice Board, Saharsa in connection with Saharsa Sadar P.S. Case No. 51 of 2011 corresponding Patna High Court CR. REV. No.455 of 2012 (2) dt.24-04-2012 3 / 3 3 to G.R. No. 177 of 2011. One of the bailors should be the father of the petitioner. Both the petitioner as well as the father shall execute a bond of good behaviour before the Court concerned and also given an undertaking that the petitioner shall not indulge in any criminal activity. Any violation of the said terms shall lead to automatic cancellation of the bail in the present case. The petitioner shall also physically present himself before the Probation Officer, Saharsa at least once a month and also as and when directed by him. The Probation Officer, Saharsa shall maintain strict supervision over the petitioner. Accordingly, the order dated 24.02.2012 in Criminal Appeal No. 9A/2012 passed by the Sessions Judge, Saharsa as well as order dated 02.12.2011 by the Juvenile Justice Board, Saharsa in G.R. No. 177/2011 corresponding to Saharsa Sadar P.S. Case No. 51 of 2011 are set aside. This, application accordingly, stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 411

Statute Text:
Section 411 of the Indian Penal Code. Dishonestly receiving stolen property knowing it to be stolen. Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same 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.