Case Facts:
Patna High Court Cr.Misc. No.37188 of 2012 (2) dt.08-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37188 of 2012 ====================================================== Ammu Yadav S/O Sri Lakhi Yadav R/O Vill-Sahibganj, P.S.- Kotwali(University), Distt-Bhagalpur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 08-10-2012 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner is accused in Kotwali (University) P.S. Case No. 710 of 2011 registered under [STATUTE] . Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and no stolen articles have been recovered from the his possession rather the name of the petitioner has come in the confessional statement of co-accused, Dharmendra Yadav. It is further submitted that petitioner is in custody since 10.05.2012. Having regard to the facts and circumstances of the case, the petitioner, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Patna High Court Cr.Misc. No.37188 of 2012 (2) dt.08-10-2012 learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Kotwali (University) P.S. Case No. 710 of 2011, with a further condition that one of the bailors of the petitioner must be parent or close relative. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.