Case Facts:
Patna High Court Cr.Misc. No.29798 of 2012 (2) dt.01-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29798 of 2012 ====================================================== 1. Md. Guddu @ Mukhtar Ansari Son Of Md. Mustafa Ansari Resident Of Old Karimganj Road No. 2, Gali No. 3, Police Station Civil Lines District- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 01-08-2012 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered against 5-6 unknown dacoits under [STATUTE] on 10.5.2009 and subsequently vide order dated 18.8.2009 [STATUTE] was added. The passengers of the trail were looted. Submission is that the petitioner is not named in the FIR and no incriminating article has been recovered from his possession and other identically situated accused Md. Ringku @ Teni, Md. Sikandar @ Dhondha in Cr. Misc. No. 19814 and 19990 of 2011 and Kedar Dom, Mukhram Dom and Lalu Dom in Cr. Misc. No. 12589 of 2010 respectivley have been admitted to Patna High Court Cr.Misc. No.29798 of 2012 (2) dt.01-08-2012 bail by this Court. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Gaya in connection with Rail P.S. Case No. 62 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be local in nature. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail Patna High Court Cr.Misc. No.29798 of 2012 (2) dt.01-08-2012 will be liable to cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if they fail to do so on two consecutive dates, his bail bond will be liable to be cancelled. avin/- (Shyam Kishore Sharma, 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.