Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21141 of 2012 ====================================================== Nanddeo Yadav @ Nandeo S/O Girish Yadav Resident of Mohalla Baluahi, P.S. and District Khagaria. .... .... Petitioner. Versus The State of Bihar. .... .... Opposite Party. ====================================================== With Criminal Miscellaneous No.21237 of 2012 ====================================================== Manoj Singh @ Monu S/O Narayan Singh R/O Village- Ishipur, Barahat, P.S.- Barahat, Distt.- Bhagalpur .... .... Petitioner. Versus The State of Bihar Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02/ 11-06-2012 Heard the learned counsel for the petitioners and learned APP for the State. The petitioners are in custody since 17.04.2012 and 09.02.2012 respectively in connection with alleged offences under [STATUTE] . registered in connection with Khagaria P.S. Case No. 66 of 2012. Learned counsel for the petitioners submits that they are not FIR named accused and their names sprang up only on the basis of statement of co-accused. It is further submitted that no recovery of stolen articles has been made from their Patna High Court Cr.Misc. No.21141 of 2012 (2) dt.11-06-2012 2/2 possession. Moreover, other co-accused Pintu Kumar and Md. Disko have already been granted by this Court on 11.05.2012 in Cr. Misc. No. 19788 of 2012. Considering the above facts let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 66 of 2012 (Supplementary) on the following conditions- (i) That the petitioners will not indulge himself in any similar offence. (ii) One of the bailors must be a close relative of the petitioners. (iii) The petitioners will be well represented on each and every date and if they fail to do so on two consecutive dates, their bail bond will be liable to the cancelled by the Court concerned. DKS/ (Vikash Jain, 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.