Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1129 of 2011 ====================================================== Birendra Kumar @ Munna Kumar, Son of Ram Sharan Prasad, Resident of Village- Ahiyasa, P.O.- Mohiuddinpur, P.S.- Ghoshi, District- Jehanabad .... .... Petitioner Versus 1. State of Bihar through the Superintendent of Police, Gaya. 2. Superintendent of Police, Gaya. 3. Deputy Superintendent of Police, Sadar, Gaya 4. Station House Officer, Buniyadganj Police Station, Gaya. 5. Ravi Shankar Kumar Akela, Son of Shri Kameshwar Prasad, Resident of Village- Karpi, P.S.- Khizarsarai, District- Gaya .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 24-08-2012 The petitioner is an accused in Buniyadganj P.S. Case No. 9 of 2011 dated 30.1.2011 instituted for the offence punishable under [STATUTE] . Initially, a complaint case was filed which was referred to the police in exercise of powers conferred under Section 156 (3) Cr. P.C. pursuant to which, the aforesaid F.I.R. was registered. The F.I.R discloses commission of a cognizable offence. The plausible defence of the accused cannot be looked at this stage. Patna High Court CR. WJC No.1129 of 2011 (2) dt.24-08-2012 2 / 2 2 I find no merit in the present writ application. It is dismissed, accordingly. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.