Case Facts:
Patna High Court Cr.Misc. No.38559 of 2011 (4) dt.05-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38559 of 2011 ====================================================== Surendra Sah, son of late Mahinder Sah, resident of village Mohammadpur Patahim P.S. Sadar, district Muzaffarpur `.... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 05-04-2012 Heard learned counsel for the petitioner and the State. This is an application for grant of anticipatory bail for offence under [STATUTE] . A theft committed in the cloth shop of the informant. The case is of the year 2002 and one Shivjee Sah was alleged to have wearing “T shirt”. However, he in his confessional statement stated the name of the petitioner and two others. However, the final form submitted in the case and the investigation closed in the year 2003. Again, in 2011, the application said to have been filed and finally by order, dated 12.08.2011, it is mentioned that the investigating officer has filed petition for issuing warrant of arrest against the accused Surendra Sah. Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender of the petitioner, he is directed to be released on anticipatory bail, within four weeks, from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kudhani P.S. Case No. 251 of 2002 to the satisfaction of the Subdivisional Judicial Magistrate, West, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. SA/- (Gopal Prasad, 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.