Case Facts:
Patna High Court Cr.Misc. No.44942 of 2012 (2) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44942 of 2012 ====================================================== Arvind Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the State : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 14-12-2012 Heard Mr. Shakti Suman Kumar, learned counsel for the petitioner and Mr. Arun Kumar, learned Additional Public Prosecutor for the State. Petitioner is in custody since 26.6.2012 in connection with Adapur P.S. case No. 55 of 2012 which was initially instituted for the offences under [STATUTE] and [STATUTE] was added subsequently. As per the prosecution story Mobile phone and sum of Rs.15000/- belonging to the informant was snatched by four unknown persons. Learned counsel for the petitioner submits that definitely the petitioner is not named in the FIR. He was never put on T I parade. His name has been figured in course of investigation only on the basis of the print out of the mobile phone which was Patna High Court Cr.Misc. No.44942 of 2012 (2) dt.14-12-2012 recovered from the possession of one of the co-accused and which was found to be stolen mobile. From the said print out the police found that co accused Nawal Mahto had made several calls on the petitioner’s mobile and which is the only basis for implicating the petitioner in the present case. Learned counsel for the petitioner empathically submits that over and above this fact, there is absolutely nothing against the petitioner. He further submits that the petitioner has no criminal antecedent. Regard being had to the facts and circumstances of the case and the submissions made on behalf of the petitioner, let the petitioner Arvind Kumar, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Adapur P.S. case No. 55 of 2012. Arun Kumar/- (Chakradhari Sharan Singh, 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.