Case Facts:
Patna High Court Cr.Misc. No.7745 of 2012 (3) dt.30-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7745 of 2012 ====================================================== 1. Kewal Choudhary. 2. Pintu Choudhary, both sons of Shiv Chaudhary, resident of Village- Karn Bigha, P.S. Harpura, District- Aurangabad. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 30-04-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Haspura P.S. Case No. 140 of 2011, registered under [STATUTE] . It is alleged that when the informant was returning by rickshaw then petitioners apprehended him and abused whereupon the informant made protest but the accused persons assaulted him by means of fists and slaps by which he got injury on his chest and other parts of the body. It is further alleged that accused Pintu Choudhary took away Rs. 300/- from the pocket of the informant. Learned counsel for the petitioners submits that occurrence took place on 27. 08. 2011 whereas F.I.R. was lodged on 28. 08. 2011 and the informant died on 29. 08. 2011. Post mortem report suggests that there is no external injury and cause of death not ascertain and viscera sent for chemical examination. Patna High Court Cr.Misc. No.7745 of 2012 (3) dt.30-04-2012 However, viscera report has not been received. Hence there is no specific assault by these petitioners and post mortem report suggests no external injury and cause of death not ascertain, hence viscera report may not be relevant in this case. The petitioner no. 1 is in jail custody since 02. 09. 2011 and petitioner no. 2 is in jail custody since 10. 10. 2011. Under the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Haspura P.S. Case No.140 of 2011. m.p. (Gopal Prasad, 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.