Case Facts:
Patna High Court Cr.Misc. No.3756 of 2012 (2) dt.07-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3756 of 2012 ====================================================== 1. Ajay Kumar Sah, S/O Mahavir Choubey, resident of Mohalla-Gushkara, Hatt Tola, Police Station- Aushgram, District- Burdwan. 2. Deo Kumar Gupta, Son of Late Nageshwar Sah @ Nago Sah, resident of Mohalla- Professors Colony, Malgodam Road, Nawada, Police Station- Nawada, District-Nawada. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioners : Mr. Arvind Kumar Mouar, Advocate. For the State : Mr. P.K. Chaurasia, A.P.P. For the Informant : Mr. Sheo Kumar Prasad, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-02-2012 Learned counsel for the petitioners is permitted to make necessary correction in prayer portion of the petition. Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that with regard to investment in business of storing potatoes in the cold storage Rs. 2,00,000/- was deposited in the account of petitioner no.1 on assurance of one Dinesh Kumar Gupta. It is submitted by learned counsel for the Patna High Court Cr.Misc. No.3756 of 2012 (2) dt.07-02-2012 petitioners that Dinesh Kumar Gupta actually entered into an agreement with the informant. Petitioner no.1 undertakes to give Rs. 2,00,000/- to the informant in 10 equal installments i. e., Rs. 20,000/- per month by way of bank draft which will be deposited before the learned court below which will be released in favour of informant by the learned court below. The aforesaid payment by petitioner no.1 Ajay Kumar Sah will not preclude him to recover the same from Dinesh Kumar Gupta in accordance with law and the aforesaid payment will also be subject to result of the case. Considering the aforesaid submissions, let the petitioner no. 1 be released on provisional bail and since the specific accusation with regard to transaction is not against the petitioner no.2 let him be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Laheri P.S. Case No. 168 of 2011 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nalanda subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Patna High Court Cr.Misc. No.3756 of 2012 (2) dt.07-02-2012 The bail bond of the petitioner no.1 will be finally accepted on deposit of the aforesaid amount Rs. 2,00,000/- by petitioner no.1 before the learned court below. U.K./- (Dinesh Kumar Singh, 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.