Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27206 of 2012 ====================================================== Avinash Kumar & Anr. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-08-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . and 27 of the Arms Act. It is alleged that on 15.02.2012 at 6:00 P.M. the informant’s son left the house with maruti car to purchase of some medicines, subsequently informant made a call on mobile of his son but he did not respond when it is alleged that the relatives of the informant who resides near R.P.S. more with whom informant was on litigating term and they gave threatening earlier, have made assault to the son of the informant and have removed the car and other valuable articles of the son of the informant. The informant came to know that his son has been taken to the PMCH when he found his son in unconscious position. It is submitted on behalf of petitioner Amar Kumar Patna High Court Cr.Misc. No.27206 of 2012 (2) dt.03-08-2012 2 / 3 2 that he is relative of the informant and if the informant would have any suspicion against him, then informant would have named the this petitioner in the First Informant Report as earlier the informant’s son abducted the wife of the brother of this petitioner for which Danapur P.S. Case No. 207 of 2008 was lodged and subsequently the informant’s son also resorted to firing in the house of this petitioner for which Danapur P.S. Case No. 69 of 2012 was lodged. A statement has been made in para 9 of the petition that there is no injury report on record till date. It is submitted on behalf of petitioner Avinash Kumar that informant and his son came to his house on 15.02.2012 and committed overt act for which this petitioner filed a written complaint to the local police but the police did not entertain the same at the instance of the informant but subsequently the same was registered as Danapur P.S. Case No. 69 of 2012 and the informant has also serious criminal antecedent. Considering the suspicious nature of accusation when petitioners were on inimical term with the informant from before, let the petitioners namely 1. Avinash Kumar 2. Amar Kumar, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like Patna High Court Cr.Misc. No.27206 of 2012 (2) dt.03-08-2012 3 / 3 3 amount each to the satisfaction of learned A.C.J.M., Danapur in connection with Danapur P.S. Case No. 68 of 2012. The bail bond of the petitioners will be accepted on filing affidavit that they will cooperate in the investigation. Let the aforesaid affidavit be transmitted to the concerned I.O. by learned court below. Non-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail of the petitioners. Shageer/- (Dinesh Kumar Singh, 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.