Case Facts:
Patna High Court Cr.Misc. No.33193 of 2012 (3) dt.18-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33193 of 2012 ====================================================== 1. Bachu Rai @ Kira Rai, S/O- Late Jamun Rai .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 18-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 10.05.2012 in a case registered under [STATUTE] . Petitioner is not named in the first information report and it appears that he was arrested and made his confessional statement leading to recovery from his house and for the aforesaid recovery, Lalganj P.S. Case No. 308 of 2011 was registered. It would further appear that seized articles were put on Test Identification Parade in which informant of the present case claimed to have identified the seized articles. Learned counsel for the petitioner submits that petitioner has already been granted bail in Lalganj P.S. Case No. 308 of 2011 and so far as recovery and Test Identification Parade are concerned, the same are nothing but only high handedness of Patna High Court Cr.Misc. No.33193 of 2012 (3) dt.18-10-2012 the police. It is also contended by him that learned Additional Sessions Judge committed an error noting down this fact that petitioner carries criminal antecedent. Learned counsel for the petitioner drew my attention towards para 35 of the case diary and submitted that petitioner is not accused in the cases which have been referred at para 35 of the case diary. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 307 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.