Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13009 of 2012 ====================================================== 1.Krishnadeo Mahto, Son of Late Maheshwar Mahto. 2.Mukesh Mahto. 3.Santosh Mahto. Both Sons of Krishnadeo Mahto. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 05-04-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the three petitioners seek bail in a case registered under [STATUTE] . The petitioners, who are languishing in custody, are named accused in this case, instituted roughly fifteen days after the alleged commission of theft in the house of the informant only on claim of some clothes hanging at their house. Submission is of false implication and petitioners having no criminal antecedents. If, it is so, considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Dandkhora P.S. Case No. 13 of 2012, subject to condition to attend the court regularly on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.