Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37654 of 2012 ===================================================== Pandit Nut, son of Motilal Nut, residents of village-Hazipur, Police Station-Kako, District-Jahanabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 2 10-10-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Chakia P.S. Case No.213 of 2012 registered under [STATUTE] . Learned counsel appearing on behalf of the petitioner made submission that the petitioner used to sell the Jadi-Butti by moving in the village and the only allegation against the petitioner is that he was caught hold by the informant and others but nothing has been recovered from the possession of the petitioner. The petitioner is in custody since 25.6.2012. The allegation of the informant is that in the night of 23/24.6.2012 he woke up on the voice and raised hullah on which several villagers rushed there and one person (the petitioner) was caught hold by them while others succeeded in fleeing away. On Patna High Court Cr.Misc. No.37654 of 2012 (2) dt.10-10-2012 2 / 2 2 search of the house, the informant found that the ornaments and clothes were taken away by the accused, who succeed in fleeing away, by cutting the wall of his house and one mobile phone was also missing. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chakia P.S. Case No.213 of 2012, with a further condition that out of the two sureties, one must be the father of the petitoner. P.S./- (Rajendra Kumar Mishra, 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.