Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19346 of 2012 ====================================================== 1. Sunil Singh @ Sunil Kumar Singh S/O Late Ashok Singh R/O Vill- Bargawan, P.S.-Ajimabad, Distt-Bhojpur. 2. Sanjay Singh @ Sanjay Kumar S/O Late Ashok Singh R/O Vill- Bargawan, P.S.-Ajimabad, Distt-Bhojpur. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 30-05-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Ara Nawada P.S. Case No. 485 of 2011 dated 29.12.2011 registered for offence under [STATUTE] . Learned counsel for the petitioners submits that the allegation is that they along with the mother came to the house of the informant who was away and asked for the key of the box from the son of the informant and after opening the box, took away cash and gold ornaments. Learned counsel submits that the allegation is absurd since both the petitioners and informant were known to each other and the petitioners earlier lived in the same Patna High Court Cr.Misc. No.19346 of 2012 (2) dt.30-05-2012 2 premises due to which there were some differences between them. It is also stated that the informant as well as mother of the petitioners both are working as maid servants. Learned counsel has drawn the attention of this Court to order dated 12.04.2012 passed in Cr. Misc. No. 14096 of 2012 by which a co-ordinate Bench of this Court has granted bail to the mother of the petitioners namely, Pushpa Kunwar. Learned counsel submits that the petitioners are identically situated. Learned A.P.P. for the State, on the other hand, opposes the prayer for bail and submits that the allegation is specific of opening the box and taking away the ornaments and thus the prayer for bail should be refused. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioners are directed to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur in connection with Ara Nawada P.S. Case No. 485 of 2011. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, 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.