IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35420 of 2008 Awadhesh Chaudhary, Son of late Mishrilal Chaudhary, Resident of Village Sarfuddinpur Maidanpur, PS Bochaha, District Muzaffarpur --- Petitioner Versus The State Of Bihar --- Opposite Party For the petitioner: Mr. Manoj Kumar Manoj, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. For O.P. : None. ----------- 2 13.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order refusing to discharge him for the offences under Section 414 of the Indian Penal Code. Against the order refusing to discharge the petitioner, a revision application was filed which was also dismissed on the ground that there is sufficient material to charge the petitioner for the offences under Section 414 of the Indian Penal Code. The prosecution case is that 70 packets of biscuits were recovered from the godown of the petitioner. There is no bar of the State Government on the sale of biscuits. Later, the petitioner filed an application for release of the 70 packets of biscuits and the Court on being satisfied that he was the owner of 70 packets of biscuits released the biscuits in favour of the petitioner. It may be pointed out here that in fact no case has been registered alleging that there has been theft of biscuits in the vicinity. In the circumstances, it is difficult to imagine that a case should be instituted under Section 414 of the Indian Penal Code for recovery of 70 packets of biscuits when there is no case 2 relating to theft of the said biscuits. I find in the facts of this case, no offence is made out under Section 414 of the Indian Penal Code. In the result, the orders impugned dated 9.2.2007 and 11.6.2008, passed in Trial No. 1843 of 2007 are quashed. This application is allowed. Sanjay ( Sheema Ali Khan, J.)