Case Facts:
Patna High Court Cr.Misc. No.42964 of 2012 (2) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42964 of 2012 ====================================================== 1. Bipin Kandu @ Bipin Kumar, S/O- Laxman Kandu .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 18-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 25.08.2012 in a case initially registered under [STATUTE] and later on, [STATUTE] was also added. It would appear from perusal of the first information report that co-accused Gautom Kumar @ Gautom Kewat was caught at the spot and the aforesaid co-accused disclosed that he had taken money from the informant and handed over the same to petitioner and one other co-accused. Subsequently, the stolen money was recovered from the house of the petitioner. The contention on behalf of the petitioner is that the alleged recovery has been made in absence of the petitioner and even if, the aforesaid recovery assumed to be true, then also, at best [STATUTE] is applicable against the Patna High Court Cr.Misc. No.42964 of 2012 (2) dt.18-12-2012 petitioner and moreover, co-accused Gautom Kumar @ Gautom Kewat has already been granted privilege of bail by this Court. 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, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 30 of 2012. 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.