IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43796 of 2008 MD. FAKIR @ FAKIR MOHAMMAD …… PETITIONER Versus THE STATE OF BIHAR ……. OPP. PARTY ----------- 2. 21.11.2008 Heard Sri Pramod Kumar Mallick, Advocate for the petitioner and Sri D. Mehta, APP for the State. The case has been registered under Section 414 of the IPC under some peculiar and disturbing facts. Some articles were found kept inside the house of the petitioner and those were recovered. The petitioner was asked to produce proper documents entitling him to possession those articles. The court finds itself simply without any clue as to what could it do in a case of such blatant misuse of the power to investigate a case and to shift the onus of proving a case upon the accused. It could be the police or the state to point out as to what properties were properties of a particular theft case and it could never be duty of the accused to explain it. The court is of the view that the Officer-in-Charge of Purnea Sadar Police Station has illegally encroached upon the privacy of the present petitioner, so as to justifying his illegal act, has drawn up a - 2 - long report. Let petitioner Md. Fakir @ Fakir Mohammad be released from custody on furnishing a personal recognition bond of Rs.500/- (five hundred) only without any surety to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. Case No. 256 of 2008. DKS/ (Dharnidhar Jha, J.)