Case Facts:
Patna High Court Cr.Misc. No.42679 of 2012 (2) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42679 of 2012 ========================================= Bhagan Sahani, son of Ram Awadh Sahani .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ========================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 13-12-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under [STATUTE] . In this case instituted against unknown. Petitioner’s name emerged during investigation in extra judicial confession of co-apprehended accused. Submission is of false implication, nothing has been recovered from his possession nor at his instance and he was never put on Test Identification Parade. Further, he carries no criminal antecedent except Bagaha P.S. Case No. 235/2012 wherein he is on bail. If, it is so, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the Patna High Court Cr.Misc. No.42679 of 2012 (2) dt.13-12-2012 like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Bagaha P.S. Case No. 148/2012, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.