Case Facts:
Patna High Court Cr.Misc. No.19788 of 2012 (2) dt.11-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19788 of 2012 ====================================================== 1. Pintu Kumar , S/o Anandi Prasad Yadav, resident of Village- Baluahi, Ward No. 24, P.S. Khagaria, District- Khagaria. 2. Md. Disko, S/o Mukhtar Ansari, resident of Village- Makhachak, P.S. Bakhri, District- Begusarai. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 11-05-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Khagaria P.S. Case No. 66 of 2012, registered under [STATUTE] . Learned counsel for the petitioners submits that petitioners have not named in the F.I.R nor any recovery from the possession of the petitioners. Only material against the petitioners is that their names have find place on confessional statement of co-accused with whom theft articles were recovered. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 66 of 2012. m.p. (Gopal Prasad, 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.