Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17875 of 2012 ====================================================== Praveen Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-05-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that from the petitioner’s godown some fertilizers were recovered when godown were seized and chaukidar was deputed to guard the sealed fertilizer. It is alleged against this petitioner that he tried to take away the fertilizer by committing theft. It is submitted by learned counsel for the petitioner that on 03.10.2011 a case under Section 7 of the Essential Commodities Act was lodged and on the next day the present case has been lodged when there is no proof with regard to taking away the fertilizer by the petitioner and except under Section 7 of the Essential Commodities Act, there is no case pending against the petitioner. It is further submitted Patna High Court Cr.Misc. No.17875 of 2012 (2) dt.14-05-2012 2 / 2 2 that had the petitioner be on the spot, he would have been apprehended and the own version of the informant suggests that informant was not present at the place of occurrence. Considering the nature of accusation, let the petitioner namely Praveen Singh, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 210 of 2011. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 461

Statute Text:
Section 461 of the Indian Penal Code. Dishonestly breaking Open or unfastening any closed receptacle containing or supposed to contain property. Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.