IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48309 of 2008 DIPAK KUMAR Versus STATE OF BIHAR ----------- 2. 5.12.2008 Heard Sri Raj Kishore Prasad, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner runs a Kabari shop. The police had some inkling that telecommunication cable used for other purposes as also other transmission wire were after being stolen away on cutting were sold to the present petitioner and there was likelihood of its sale on that day. Accordingly, the police party reached the Kabari shop of the petitioner found the co- accused Dharmendra Kumar who stated that he had come to sell some of the wires of above nature and cable. 100 meters of telecommunication cable and 60 meters of private cable, which is probably used by cable operators, were recovered from the possession of said Dharmendra Kumar. When the Kabarikhana of the present petitioner was searched, some pieces of copper cable wire and some spools of electric transmission wire were also found there. The contention is that the petitioner - 2 - was not present at the shop when the search was made and that he has remained in custody after surrendering himself to the custody of the court on 19.10.2008. The law does not require that a search could be conducted only in the presence of the proprietor of the house. If the police suspects that any property obtained in theft or offences of that nature is stored at any place it could enter into, within the permitted time of the day and search it. Many persons thrive on such illegal activities making it a hell of the life for the society. Petition is dismissed. As soon as the petitioner completes six months of custody, the C.J.M., Nalanda at Biharsharif shall himself release the petitioner on bail on execution of a bond to his own satisfaction in connection of Laheri P.S.Case No.124 of 2008. B.Kr. ( Dharnidhar Jha, J. )