Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20456 of 2012 ====================================================== Munna Kumar, son of Sri Chhotan Sharma, resident of village Tarathi, P.S. Naubatpur, District Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 06-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that the allegation in the F.I.R. is against four unnamed accused persons, whereas the name of petitioner has been implicated on the basis of confessional statement during investigation. Learned counsel for the petitioner states that neither the petitioner was named in the F.I.R. nor he was arrested from the spot nor any Test Identification Parade was done. He further submits that there is no recovery of any alleged stolen articles from the petitioner and the allegation is that only a country made pistol has been recovered from his possession with respect to which separate case has been instituted. Learned counsel for the petitioner avers that the petitioner has never been implicated in any case of theft or dacoity earlier and the only case in which he had been Patna High Court Cr.Misc. No.20456 of 2012 (2) dt.06-06-2012 2 implicated is Naubatpur P.S. Case No.206 of 2011, which is with respect to mar-pit during election process. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-V, Danapur in connection with Sessions Trial No.392 of 2012 (T.R. No.699 of 2012) arising out of Naubatpur P.S. Case No. 197 of 2011. Harish/- (S.N. Hussain, 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.