Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45392 of 2012 ====================================================== 1. Manesh Singh @ Manish Kumar S/O Ramvilas Singh Resident Of Village- Rampur, P.S.- Surjgarha, District- Lakhisarai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 2 18-12-2012 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case under [STATUTE] and Section 3(i)(x) of the SC/ST Act. Learned counsel for the petitioner submits that he has been made accused in a case which is improbable and untrue for the reasons (a) that it was lodged after a delay of 24 hours and the explanation given that he did not know that he could lodge a case in Lakhisarai is weak and uneblieablve, (b) the allegation against the petitioner is that he has asked the caste name of the informant and when he disclosed the caste it is said that he called him by caste name. Learned counsel for the petitioner further submits that Patna High Court Cr.Misc. No.45392 of 2012 (2) dt.18-12-2012 2 / 2 2 merely by using caste name does not amount to an offence under the SC/ST Act until it is said in a manner which is meant to degrade the person’s dignity. It is also submitted that the allegation that he asked the caste name of the informant seems to be absurd on the very face of it. This Court finds prima facie that the story alleged is far fetched. The reason for the occurrence as per the submissions of the learned counsel for the petitioner is that it was the informant and his friends who were criminals and were demanding Rangdari from the petitioner who has a transport business. Considering all aspects of the matter, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Lakhisarai SC/ST P.S. Case No. 02 of 2012 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay/- (Sheema Ali Khan, 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.