Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12742 of 2012 ====================================================== Rajeev Kumar .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 11-05-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the informant got down from Danapur Hawrah Express at Rajendra Nagar Railway Station when he found that his brown colour bag containing cash of Rs. 7000/-, double sim Mobile bearing sim numbers 09432864428 and 0931843212, credit card, ATM card, visiting card and Pan card were found missing when the FIR was lodged against unknown. The police on 25.04.2011 filed a requisition for issuance of warrant against the petitioner to the effect that the informant has claimed the theft of Mobile numbers 09831843312 and 0942864428 bearing EMEI Nos. 354994038920241 and 354994038-470247, but Patna High Court Cr.Misc. No.12742 of 2012 (3) dt.11-05-2012 2 / 3 2 from the print out of the Mobile it transpired that on EMEI No. 354994038920240 call has been made from Mobile sim number 9525432357 on 21.11.2010 and 22.11.2010. The said Mobile has been found to be of the petitioner. It is submitted by learned counsel for the petitioner that as per the own admission of the I.O., the talk between these two Mobiles does not constitute prima facie involvement of the petitioner in the offence because the EMEI number or the Mobile sim number on which the talk was made on 21.11.2010 and 22.11.2010 do not tally with the EMEI number or the sim number of the stolen Mobile. It is submitted by learned A.P.P. appearing for the State that from the print out taken from the Mobile company the involvement of the petitioner has surfaced. The statement has been made in paragraph no. 10 of the petition that the petitioner has no criminal antecedent. Considering the circumstantial nature of accusation and the fact that the petitioner has no criminal antecedent, let the petitioner, 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 Patna High Court Cr.Misc. No.12742 of 2012 (3) dt.11-05-2012 3 / 3 3 Patna Junction Rail P.S. Case No. 426 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna, 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: 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.