Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8090 of 2012 ====================================================== Md. Anwarul @ Anwar, son of Mahi Alam, resident of Kapraul Road, P.S.- Riga, District-Sitamarhi .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ==================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-02-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case instituted for the offence under [STATUTE] . It is contended that the alleged mobile which is said to have been recovered from the possession of the petitioner was purchased by him from Md. Mustaque. The petitioner was having no knowledge that the said mobile was stolen property. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his 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, Darbhanga in connection with Baheri P.S. Case No.253 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are Patna High Court Cr.Misc. No.8090 of 2012 (2) dt.22-02-2012 2 / 2 2 related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he 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 petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 461

Statute Text:
Section 461 of the Indian Penal Code. Dishonestly breaking Open or unfastening any closed receptacle containing or supposed to contain property. Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.