Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5097 of 2012 ====================================================== Santosh Sah @ Santosh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. A. Dayal, App. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 22-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 28.09.2011 in a case registered under [STATUTE] and Section 3 (I) (X) of the of the SC/ST (Prevention of Atrocities) Act. The accusation is of committing theft and abusing the informant by calling caste name. It is submitted by learned counsel for the petitioner that for the occurrence of 23.05.2011 the F.I.R. has been lodged on 19.06.2011 and the investigation is complete. Considering the delayed lodging of the F.I.R. Patna High Court Cr.Misc. No.5097 of 2012 (2) dt.22-02-2012 2 / 2 2 which clouds the bona fide of the accusation, let the above named petitioner be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Salkhua (Banma O.P.) P.S. Case No. 90 of 2011. Amrendra/- (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.