Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9232 of 2012 ====================================================== 1. Tuntun Manjhi, Son of Kailash Manjhi, resident of Malikpur, P.S.- Rajgir, District-Nalanda. 2. Gajo Manjhi, Son of Sita Ram Manjhi, resident of village-Mahuri, P.S.- Nalanda, District-Nalanda. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-02-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case registered for the offence punishable under [STATUTE] . It is contended that the case was registered against the unknown. In course of investigation, merely on suspicion the petitioners were remanded in the present case on 11.12.2011. Nothing incriminating has been recovered from their possession. Till date, they have not been put on T.I. Parade Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Nalanda Patna High Court Cr.Misc. No.9232 of 2012 (2) dt.29-02-2012 2 / 2 2 at Biharsharif in connection with Rajgir P.S. Case No. 198 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them to disclose such facts to the court or to any other authority. (iii) That they will remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.