Case Facts:
Patna High Court Cr.Misc. No.32964 of 2012 (4) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32964 of 2012 ========================================= Babu Narayan Yadav, son of Late Rajai Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ======================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 05-12-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under [STATUTE] . Counter affidavit has been filed. Petitioner is one of the named accused in this case with specific accusation of giving fatal blow by a deadly sharp cut weapon upon head of informant’s uncle Bindeshwar Yadav, who intervened in rescue of the informant. Submission is of false implication due to continued land dispute and even the other eye witnesses including deceased daughter have not said about participation of the petitioner and giving any blow to the deceased whereas according to them it is Sanjay Yadav who is author of fatal blow to the deceased. It is also pointed out by learned counsel Patna High Court Cr.Misc. No.32964 of 2012 (4) dt.05-12-2012 for the informant that said Sanjay Yadav has been released on bail mainly on the ground that specific accusation is against the petitioner. Further against the conduct of investigating officer informant had filed criminal writ before this court seeking reinvestigation etc. which is pending hearing. Having regard to the facts and circumstances especially in view of conflicting statements regarding author of the fatal blow to the deceased, the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Bheja P.S. Case No. 82 of 2011, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. It is further made clear that prosecution is at liberty to seek cancellation of the privilege, if at any subsequent investigation etc. allegation against the petitioner find support. Rajeev/- (Akhilesh Chandra, 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.