Case Facts:
Patna High Court Cr.Misc. No.13970 of 2012 (2) dt.05-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13970 of 2012 ====================================================== Amit Sharma son of Sri Kailash Chandra Sharma, resident of Palam Rawai Adda, RZF 38/7, Gali No.38, Saad Nagar Palam Colony, P.S.-Palam, District-Nazabgarh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 05-04-2012 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard learned counsels for the petitioner and the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] and sections 25(1-A), 26 and 35 of the Arms Act. It has been alleged that four live cartridges were recovered from possession of the petitioner. The contention on behalf of the petitioner is that he is a resident of Delhi and is a student of M.B.A. He had come to place of occurrence for negotiation of marriage of his sister but was arrested and four cartridges were shown to have been recovered from him though he was not carrying any illegal firearm or cartridge. Firearm which is said to have been recovered from another co-accused was a Patna High Court Cr.Misc. No.13970 of 2012 (2) dt.05-04-2012 2 licensed one and Scorpio vehicle which was also seized there was not a stolen vehicle. It belonged to one Mukesh Kumar. The petitioner is a kidney patient. The local doctor at Barh had examined him. One of his kidney has been removed surgically few years back and the second kidney has also got infected. A report in this regard has been given to the trial court by the jail authorities and the local Barh hospital. It is also contended that the petitioner has got no criminal antecedent and Assistant Commissioner of Police, Delhi. South West, New Delhi has issued a certificate bearing no.957 dated 24.1.2012 wherein it has been stated that the petitioner is not involved in any criminal offence as per record of Palam Police Station in which area the residence of the petitioner is located. Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Barh, Patna in connection with Sessions Trial No.202 of 2012 arising out of Pandarak P.S.Case No.18 of 2012 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related Patna High Court Cr.Misc. No.13970 of 2012 (2) dt.05-04-2012 3 with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, 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.