Case Facts:
Patna High Court Cr.Misc. No.12355 of 2012 (2) dt.03-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12355 of 2012 ====================================================== 1. Md. Ibrahim S/O Md. Rajoo @ Kanthowala 2. Amrendra Swarnkar S/O Late Indradeo Swarnkar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 03-04-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. It is contended by learned counsel for the petitioners that petitioners are named in the first information report but according to prosecution case itself, petitioner no. 1 was not caught at the spot and nothing has been recovered from his conscious possession. It is further contended by him that no doubt, petitioner no. 2 was caught at the spot but according to prosecution case itself, the pumping set in question was never removed from the place of occurrence and, therefore, application of [STATUTE] becomes doubtful. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction Patna High Court Cr.Misc. No.12355 of 2012 (2) dt.03-04-2012 of Sri D. Kumar, Judicial Magistrate, 1st Class, Saharsa in connection with Saharsa Sadar P.S. Case No. 279 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.