Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39536 of 2012 ====================================================== Dadan Bind S/O Late Jhaman Bind Resident of Village Banarasia (Veda), Police Station Sasaram, District- Rohtas. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Sheosagar P.S. Case No. 132 of 2010 registered for offence punishable under [STATUTE] . According to the prosecution case a mobile and Rs. 12,000/- cash was looted from the persons traveling in Innova vehicle by 6-7 unknown persons at the point of country made firearm. Learned counsel for the petitioner submits that he is not named in the F.I.R. and has been made accused only on the confessional statement of a co-accused and is in custody since 12.06.2010. It is further submitted that no Test Identification Parade has been conducted till now. It is submitted that the petitioner was made accused earlier in a Patna High Court Cr.Misc. No.39536 of 2012 (2) dt.01-11-2012 2 / 2 2 similar case and the police have also implicated him in the present case. It is submitted that the petitioner is on bail in other case and besides that there is no other criminal case pending against him. Learned A.P.P. for the State submits that the petitioner is involved in such type of criminal activity and does not deserve the privilege of 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. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 132 of 2010. Anand Kr. (Ahsanuddin Amanullah, 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.