Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36458 of 2011 1. Umesh Sah @ Umesh Prasad, son of Bindeshwari Sah 2. Madhuri Devi, wife of Umesh Sah 3. Bhola Sah, son of Gauri Sah All are resident of village – Kargahiya, P.S. – Bettiah Town, District – West Champaran. -------- Petitioners. Versus The State of Bihar ---Opposite Party ---------------------------------- 04. 06.01.2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The three petitioners apprehending their arrest in connection with Bettiah Town P.S. Case No. 228/2009 for the offences under [STATUTE] , are named accused in this case besides four other against whom after investigation only charge sheet was submitted exonerating these petitioners. However, cognizance has been taken against all. Submission is of false implication due to enmity, general and omnibus allegation. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 228/2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition with regard to petitioner no. 1 and 3 to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, 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.