Case Facts:
Patna High Court Cr.Misc. No.25046 of 2012 (2) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25046 of 2012 ====================================================== 1. Arun Kumar Gupta @ Munna Gupta S/O Bishundeo Gupta R/O Vill.- Banauli, P.S.- Sursand, Distt.- Sitamarhi 2. Pappu Kumar Gupta S/O Bishundeo Gupta R/O Vill.- Banauli, P.S.- Sursand, Distt.- Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K.Jha For the State : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 06-07-2012 Heard Mr. A.K.Jha, learned counsel for the petitioners and Mr. Shailendra Kumar, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sursand P.S. case No. 136 of 2011 registered for the offences under [STATUTE] . As per the First Information Report lodged by the own uncle of these petitioners, namely, Rajeshwar Prasad, these petitioners cut the Sheesham tree situated in the land which was of the informant’s share. Learned counsel for the petitioners while admitting the fact that the tree was cut by the petitioners contends that the land Patna High Court Cr.Misc. No.25046 of 2012 (2) dt.06-07-2012 where the tree was situated is in their possession and that in order to grab the property the informant is giving the case, shape of theft. Prima facie, it appears to be a dispute over the joint family property. Accordingly, in the fact s and circumstances of the case, let the petitioners above-named, in the event of their arrest/surrender within four weeks from today, 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 Chief Judicial Magistrate, Sursand (Sitamarhi) in Sursand P.S. case No. 136 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Arun Kumar/- (Chakradhari Sharan 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.