Case Facts:
Patna High Court Cr.Misc. No.36350 of 2012 (2) dt.26-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36350 of 2012 ====================================================== Raj Kumar Bind @ Fagu Bind, son of Bhagwanjee Bind, resident of Village- Semariya, P.S. Barhara, District- Bhojpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner. : Mr. For the State : Mr. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 26-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Barahara Case No. 162 of 2012 registered under [STATUTE] . F.I.R. is against unknown. Learned counsel for the petitioner submits that alleged theft mobile was recovered from the possession of the petitioner, but neither theft mobile has put on T.I. Parade nor the petitioner has put on T.I. Parade. The petitioner is in jail custody since 05.07.2012 and petitioner has no criminal antecedent. 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 Chief Patna High Court Cr.Misc. No.36350 of 2012 (2) dt.26-09-2012 Judicial Magistrate, Bhojpur, in connection with Barahara P.S. Case No. 162 of 2012, subject to condition that one of the bailors shall be near relative of the petitioner and he file an affidavit to this effect that petitioner has no criminal antecedent. 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.