Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10404 of 2012 ====================================================== 1. Taraknath Singh@Tarak Singh S/O Shri Ram Sabal Singh Resident Of Village- Babhangawan, P.S- Nayagawn, District- Saran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. B.K.Sinha, Advocate For the Opposite Party/s : Mr. A. Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-03-2012 Heard. In a criminal prosecution registered under [STATUTE] as also under sections 25 (1-B)a/26/35 of the Arms Act, the petitioner has been named as an accused in the F.I.R. (Annexure-1). It is submitted that though the petitioner is alleged to have been arrested on the spot, but there is no material to suggest that any case of theft was ever registered with respect to seized motorcycle. In absence of any criminal case regarding the theft of the motorcycle in question, the offence under [STATUTE] may not be attracted. It is further submitted that so far as the alleged recovery of arms is concerned, he is in judicial custody since 19.9.2011 and has sufficiently been punished in the present case. It is also highlighted that no other criminal case is pending against him. Be that as it may, in the facts and circumstances of the case, particularly in view of the period of incarceration, the prayer for bail is allowed and the above named petitioner is directed to be released on bail in Patna High Court Cr.Misc. No.10404 of 2012 (2) dt.07-03-2012 2/2 connection with Dariyapur P.S. Case No. 173 of 2011 corresponding to Trial No. 2539 of 2011/2310 of 2012 on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.C. Shrivastava, Judicial Magistrate, 1st Class, Saran, Chapra subject to the conditions that:- (a) That one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( c) The petitioner shall make regular pairvi, in the court below in the present case either by appearing himself in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. RPS/- (Birendra Prasad Verma, J)

Applicable IPC Section: 382

Statute Text:
Section 382 of the Indian Penal Code. Theft, after preparation having been made for causing death, or hurt, or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.