Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34204 of 2010 ====================================================== Biresh Raj Verma S/O Ashok Prasad, Vill-Chorsua, P.S-Giriak, District- Nalanda .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 20-04-2012 Heard Ms. Sujata Sinha, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State. The petitioner has questioned the order dated 30.06.2010 passed in case arising from Bihar P.S. Case No. 131 of 2010, whereby the learned Judicial Magistrate, Nalanda at Bihar Sharif has been pleased to take cognizance of the offence punishable under [STATUTE] . The petitioner happens to be the Guard of the premises from where four rectifiers has been allegedly stolen. Learned counsel for the petitioner submits that during the course of investigation no material has come on record which demonstrates the involvement of this petitioner with the alleged occurrence. Having heard learned counsel for the parties and having Patna High Court Cr.Misc. No.34204 of 2010 (2) dt.20-04-2012 2 perused the materials on record, this application is disposed of with the liberty to the petitioner to raise all issues as he has raised in the present application at the stage of framing of charge. With the aforesaid observation, this application is disposed of. S.Sb/- (Jyoti Saran, 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.