Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10442 of 2011 ====================================================== 1. Raj Kumar Yadav 2. Yogendra Yadav, both sons of Annandi Yadav 3. Om Prakash Yadav, son of Yogendra Yadav 4. Kari Yadav 5. Yugut Yadav 6.Jageshwar Yadav, all sons of Permeshwar Yadav 7. Badhnath Thakur, son of Sitaram Thakur 8. Jomodar Yadav, son of Yugeshwar Yadav 9. Lal Bahadur Yadav, both sons of Yugeshwar Yadav, all resident of Village- Banarjhulla, P.S. Ghogherdiha, District-Madhubani. .... .... Petitioner/s Versus 1.The State Of Bihar 2. Gangai mandal, son of late Janak mandal, resident of Village- Banarjhulla, P.S. Ghogherdiha, Dsitrict- Madhubani. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheel Bhadra Jha, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.5.2010 passed in Complaint Case No.470 of 2009, T.R. No.2368 of 2010 by the Judicial Magistrate, Ist Class, Jhanjharpur by which he has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioners submits that the allegation made in the complaint petition is completely a Patna High Court Cr.Misc. No.10442 of 2011 (2) dt.29-06-2012 2 / 2 2 false statement and there is no truth of committing theft by these petitioners and the present case has been lodged as counter blast of Ghogherdiha P.S. Case No. 49 of 2009. At this stage this Court does not find any error in the impugned order. However, the petitioners will be at liberty to raise all the points before the court below at the appropriate state. With the aforesaid observation this application is disposed of. Vinay/- (Shivaji Pandey, 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.