Case Facts:
Patna High Court Cr.Misc. No.23265 of 2012 (2) dt.03-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 23265 of 2012 ====================================================== Md. Salam .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 03-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . The petitioner was caught raid handed while cutting the electric wire along with electric wire cutter and plastic rope. Learned counsel for the State submits that the petitioner is habitual offender. Learned counsel for the petitioner, however, contended that no case of theft of electricity is pending against the petitioner. The petitioner is in jail since 02.10.2011. Earlier the petitioner was remanded to custody in a case which has been lodged by the Gotia of the Petitioner. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) Patna High Court Cr.Misc. No.23265 of 2012 (2) dt.03-07-2012 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Mithanpura P. S. Case No. 257 of 2011, subject to the conditions that one of the bailors shall be the near relative of the petitioner and shall file an affidavit to the effect that the petitioner is not involved in any case of theft of electric wire and further the petitioner shall not indulge in any such activity and if the petitioner shall indulge then the bailor shall inform the court below and if such information is received then the court below shall proceed for cancellation of the bail bond of the petitioner. Kundan/- (Gopal Prasad, J.)

Applicable IPC Section: 401

Statute Text:
Section 401 of the Indian Penal Code. Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.