Case Facts:
Patna High Court Cr.Misc. No.6030 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6030 of 2012 ====================================================== Subhash Kumar, son of Ram Bakhshish Sao, resident of Bibiganj Tari Godam, P.S. Danapur, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner. : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party/s : Mr. Gulnar Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 08-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with a case registered under [STATUTE] . The only material against the petitioner is that he was seen roaming prior to the occurrence. However, the bail of the petitioner was rejected on the ground that there was criminal antecedent against the petitioner. The petitioner is in custody since 30. 11. 2011. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Patna High Court Cr.Misc. No.6030 of 2012 (2) dt.08-02-2012 Danapur (Patna) in connection with Danapur P.S. Case No. 459 of 2011, subject to condition that the petitioner shall file Hazri in the nearest police station and cooperate with the police during investigation and produced himself as and when required by the police during investigation. m.p. (Gopal Prasad, 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.