Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44957 of 2011 ====================================================== Prem Prakash Gupta S/O Late Lakshman Prasad Resident Of Moh - Ratanpura , P.S.- Bhagwan Bazar , Distt- Saran (Chapra). .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 13-02-2012 Heard the parties. The petitioner is in custody in connection with Bhagwan Bazar P.S. Case No. 100 of 2011 for offence punishable under [STATUTE] . The F.I.R. is against unnamed accused and allegation is of having committed theft of the Hero Honda Splendor Motorcycle bearing Registration No. BR-31C-4097 belonging to the informant and standing within the premises of the Nursing Home of Dr. Kalpana Sharma. The name of the petitioner has transpired by reason of the statement made by co-accused Md. Imran who has confessed his guilt and has disclosed the name of this petitioner as being the mastermind behind the occurrence. The petitioner has 15 cases to his credit as discussed in the impugned order passed by the court below. Learned counsel submits that it is by reason of his antecedent and the statement made by the co-accused that he has been roped in the present case even in absence of any recovery. Considering the circumstances, let the petitioner Prem Prakash Gupta be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten Patna High Court Cr.Misc. No.44957 of 2011 (3) dt.13-02-2012 2 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 100 of 2011 subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel his bail bonds and to take him into custody. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.