Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9313 of 2012 ====================================================== Laxmi Roy, son of Raghunath Roy, resident of village- rui Dhasha, P.S.- Kishanganj, District- Kishanganj. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance: For the Petitioner : Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Akbar Ali, Add.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 29-02-2012 Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner is an accused in connection with Kishanganj P.S. Case No.358/2011 for the offence punishable under [STATUTE] . It is submitted that the FIR was lodged against unknown. During investigation on the confessional statement of the petitioner, some of the stolen articles have been recovered from the possession of the co-accused. Nothing has been recovered from the possession of the petitioner. The petitioner has no criminal antecedent. The petitioner has been in custody since 28.08.2011. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing Patna High Court Cr.Misc. No.9313 of 2012 (2) dt.29-02-2012 2 his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.358/2011 with the following conditions : 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will appear before the court on each and every date fixed in the case except for any cogent reason. 4. In case of absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody forthwith. V.K. Pandey/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.