IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5877 of 2009 Mithilesh Yadav @ Mithlesh Yadav, Son of Durga Yadav of Kalhauara, P.S. Bodh Gaya, District-Gaya Versus STATE OF BIHAR ----------- 3 21-04-2009 Heard Mr.Yogesh Chandra Verma, learned Sr. Counsel for petitioner Mithilesh Yadav @ Mithlesh Yadav, the sole F.I.R. named accused of Bodh Gaya P.S . Case no.170 of 2008, registered under Section 414 I.P.C.. The petitioner is in custody since 6.12.2008 on the allegation that a stolen Hero Honda Splendor motorcycle, bearing registration no.MP- 3E-5316 seized from his possession was a stolen one only because the petitioner was not in a position to produce documents authorizing him to possess the vehicle. The case diary does not indicate that any case of theft of the said motorcycle had been registered anywhere. In absence of a case of theft being registered a property cannot be said to be stolen property and Section 414 I.P.C. would not apply. In the facts and circumstances, petitioner Mithilesh Yadav @ Mithlesh Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya , in connection Bodh Gaya P.S. Case no.170 of 2008 NKS/- (Abhijit Sinha, J.)