Case Facts:
Patna High Court Cr.Misc. No.29747 of 2012 (2) dt.01-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29747 of 2012 ====================================================== Ram Badan Kumar Rai @ Ram Badan Rai, Son of Late Ram Sagar Rai @ Sagar Rai, Resident of Village – Korbadha, P.S.-Muffasil, District- Samastipur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Ms. Anuradha Singh, Advocate. For the Opposite Party : APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 01-08-2012 Heard learned Counsel for the petitioner and the State. The petitioner is one of the named accused of the case which has been registered under [STATUTE] and Sections 25 (1-B) A/26 (II), 35 of the Arms Act. The police has apprehended three persons and from their possession certain articles which was supposed to be for use in commission of serious crime was recovered. From the possession of this petitioner one live cartridge and some other articles were recovered. Submission is that one of the co-accused Vivek Kr. Raj @ Badal Poddar has been admitted to bail. Besides the present case, the petitioner is accused in Samastipur P.S. Case No. 607 of 2011 under [STATUTE] which was Patna High Court Cr.Misc. No.29747 of 2012 (2) dt.01-08-2012 registered against unknown. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/court concerned, Samastipur in connection with Samastipur Muffasil P.S. Case No. 84 of 2011. KKSINHA/- (Shyam Kishore Sharma, 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.