IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36253 of 2008 Ram Lal Chachan, son of Late Gokhul Chand Chachan, resident of Christian Quarter, PS Bettiah Town, Dist. West Champaran – Petitioner. Versus State Of Bihar ----------- 3 25.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 26.5.2008 passed in Bettiah (T) PS Case No. 87/2007 by the C.J.M, Bettiah by which cognizance has been taken for the offences alleged to have been committed under sections 413 and 414/34 of the Penal Code. There is an allegation of theft of electrical wire which was found in the house of one Rakesh Kumar. The petitioner is not named in the First Information Report. Subsequently it has been said that he was seen running away from the place of occurrence. Learned counsel for the petitioner submits that as far as the recovery part is concerned, Rakesh Kumar, the owner of the shop admits that the recovered copper wire and electrical wire belonged to him. It is, therefore, submitted that if the alleged theft articles which have been recovered has been treated to belong to Rakesh Kumar, there would be no offence under sections 319 and 414 of the Penal Code for that matter, as far as this petitioner is concerned. These aspects of matter would need to be considered by the court below at the stage of framing of charges. If the court 2 finds that the articles recovered belongs to Rakesh Kumar and he is able to show prima facie that he is the owner and in legal possession of the articles, then the court will pass appropriate orders in this matter discharging the petitioner as no factum of theft can be maintainable in a case of this nature. Counsel for the petitioner may raise any other issue before the court below if he thinks fit in the facts and circumstances of the case. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)