Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40736 of 2010 ====================================================== Md.Anwar Quraisi, Son of Md. Salim Quaraisi, resident of Adalatganj back of Tara Mandal, Kotwali ,Police Station-Kotwali, District-Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ---------------- 2 09-05-2012 Heard learned counsel for the petitioner and Sri Satyendra Prasad, Addl. Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 05.10.2010 passed by learned Fast Track Court no.2, Patna , whereby the learned court below has rejected the discharge petition filed under Section 227 of the Code of Criminal Procedure in S.Tr. No.1196/10 arising out of Kankarbagh P.S. Case No.394 of 2009 . The case is for offence under [STATUTE] . It was submitted by learned counsel for the petitioner that the petitioner had purchased a mobile from a person and on recovery of the said mobile, the petitioner has been made accused in the present case. He submits that the recovered mobile was not Patna High Court Cr.Misc. No.40736 of 2010 (2) dt.09-05-2012 2 / 2 2 stolen or looted mobile, even then the petitioner has been made accused. He submits that before the court below entire material was placed on behalf of the petitioner, even then the learned court below has rejected the petition for discharge. On perusal of the impugned order, it appears that the learned trial judge, while hearing the discharge petition, had examined the entire material and he has referred number of paragraphs of the case diary to show complicity of the petitioner. I do not find any defect in the impugned order. Accordingly, the petition stands dismissed. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity 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.