Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37458 of 2012 ====================================================== 1. Guddu Chaudhary S/O Jhagru Chaudhary Resident Of Village- Makrain, P.S.- Dehari, District- Aurangabad. 2. Gullu Chaudhary S/O Raj Kumar Choudhary Resident Of Village- Keshopur, P.S.- Barun, District- Aurangabad. 3. Sharvan Chaudhary S/O Prem Chand Chaudhary Resident of Village- Keshopur, P.S.- Barun, District- Aurangabad. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-10-2012 Let the petitioners make correction at page no.1 of the petition. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that Rs. 15,000/- was taken out by the petitioners after entering into the house of the informant when the petitioners were identified. It is submitted that earlier the informant’s side set fire the house of the petitioners for which the Panchayat Mukhiya warned the informant and Patna High Court Cr.Misc. No.37458 of 2012 (2) dt.01-10-2012 2 / 2 2 others hence accusation has been levelled. The statement has been made in paragraph no. 12 of the petition that the petitioners have no criminal antecedent and the Sarpanch of Gram Panchayat has also admitted this fact that due to earlier enmity the present false case has been lodged. Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Barun P.S. Case No. 92 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.