Case Facts:
Patna High Court Cr.Misc. No.27372 of 2012 (2) dt.31-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27372 of 2012 ====================================================== 1. Gopal Ram 2. Mahendra Ram Both S/O Krishna Ram .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 31-07-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 16.05.2012 in a case registered under [STATUTE] . Petitioners are not named in the first information report but it appears from perusal of the impugned order that petitioner no. 1 was caught with stolen mobile set and confessed his guilt disclosing this fact that he along with petitioner no. 2 had committed the alleged occurrence and stolen solar plate and battery had been kept by co-accused, Sanjay Ram. Admittedly, except the mobile set, there is no recovery from conscious possession of the petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) Patna High Court Cr.Misc. No.27372 of 2012 (2) dt.31-07-2012 each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Arwal P.S. Case No. 27 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 382

Statute Text:
Section 382 of the Indian Penal Code. Theft, after preparation having been made for causing death, or hurt, or restraint or fear of death, or of hurt or of restraint, in order to the committing of such theft, or to retiring after committing it, or to retaining property taken by it. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.