Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2064 of 2012 Md. Parwej Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Learned counsel for the petitioner is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered under [STATUTE] . The accusation is of theft of iron, nut and bolts of the machines of the informant. Subsequently, the stolen articles were recovered from the rubbish shop of the petitioner. It appears that others have been granted regular bail by this Court in Cr. Misc. No. 43714 of 2011. Considering the aforesaid facts, this Court see no reason for the learned court below not to grant the same privilege to the petitioner in case he surrenders in the court below within six weeks from today in connection with Mojahidpur (Baberganj) P.S. Case no. 121 of 2011 pending in the court of C.J.M. Bhagalpur. This application is disposed of with the aforementioned observation/direction. 2 Let this order be communicated to the court below through Fax at the cost of the petitioner. Anil/ (Dinesh Kumar Singh, 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.