Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33793 of 2011 ====================================================== 1. Md. Rajan @ Md. Raushan @ Salauddin, son of Late Md.Samir, R/o Moh. Mahadeva Road Mahajan Toli No.-1, P.S. Ara Town, District- Bhojpur. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 29-02-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Ara Town P.S.Case No.65 of 2011 for the offence punishable under [STATUTE] . Allegation against this petitioner and one other Pintu Yadav is of breaking open the lock of the house of the informant at the instance of co-accused Puja Kumari and of committing theft. Some of the stolen articles were recovered from the house of the petitioner. Learned counsel for the petitioner submits that for the offence alleged, the petitioner has remained in custody since Patna High Court Cr.Misc. No.33793 of 2011 (3) dt.29-02-2012 2 4.4.2011 and that apart from one other case in which he has been acquitted by the trial court, he is not involved in any criminal case. He further submits that considering the circumstances, this court has granted bail to other accused Pintu Yadav by order dated 29.7.2011 passed in Cr.Misc.no.23138 of 2011. Considering the circumstances and submissions of learned counsel, let the petitioner Md. Rajan alias Md. Raushan alias Salauddin be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S.Case No.65 of 2011, subject to the following conditions : (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner; (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, Patna High Court Cr.Misc. No.33793 of 2011 (3) dt.29-02-2012 3 (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuses, and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. ahk/- (Jyoti Saran, 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.