IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38568 of 2009 KESTO BHAGAT @ KISTO BHAGAT, son of Late K-ako Bhagat, resident of village- Maina Mahpura, P. S. Mahishi, District Saharsa, presently Bhusa Shopkeeper, Super Market, Saharsa, P. S. + District- Saharsa… Petitioner. Versus THE STATE OF BIHAR . ----------- 2. 13.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for offence under Sections 406, 379, 413, 411, 34 of the Indian Penal Code. The allegation against him is that on search from his premises namely a Husk Shop three bags of FCI wheat allegedly stolen by the driver carrying the consignment of wheat were found in the conscious possession of the petitioner. Counsel for the petitioner would submit that the petitioner cannot be held guilty for the said offence inasmuch as three bags of wheat found to be in his possession were not stolen property. In the opinion of this court, there being no possibility of transaction of sale/purchase of FCI wheat in common market, if the petitioner was found in conscious possession of three bags of FCI wheat that by itself would go to show that the petitioner in addition to the driver had 2 also made himself liable for prosecution for an offence under Section 414 I.P.C. It may be true that driver of the consignment who is said to have sold three bags of wheat to the petitioner may have played a larger role in the offence but then the petitioner also cannot totally absolve himself from this offence. That being so, the petitioner namely Kesto Bhagat @ Kisto Bhagat who is in custody since 18.9.2009 and claims to have no criminal antecedent, is directed to be released on bail only after completing three months of his judicial custody i.e. on or after 18th of December 2009 on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Saharsa in connection with Saharsa P. S Case No. 482 of 2009 with a condition that one of the sureties must be furnished by a close relative of the petitioner preferably either of his parents, wife or son. kanchan (Mihir Kumar Jha, J.)