Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35040 of 2011 ====================================================== Umesh Prasad @ Umesh Bhagat @ Umesh Kumar @ Mithelesh Kumar S/O Late Achchela Bhagat R/O Village - Machechan, P.S. Madhuban, District - East Champaran .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 02-03-2012 Heard the parties. The petitioner is in custody in connection with Kotwa P.S. Case No. 170 of 2011 for offence punishable under [STATUTE] . It is alleged in the F.I.R. that while the tea of the informant was being transported by a truck from Tinsukia to Chandigarh, the driver of the truck, namely, Gulzar and the cleaner, Kewal Singh had disappeared abandoning the truck on N.H. No. 28. The truck was found at the said place but the tea leaves loaded thereon were not present. During the course of investigation it transpired that the said tea leaves had been sold at a very low price to one of the co-accused Ram Chandra Prasad. This petitioner is said to be architect in the transaction of the tea leaves belonging to the informant. Patna High Court Cr.Misc. No.35040 of 2011 (4) dt.02-03-2012 2 Learned counsel for the petitioner submits that the only allegation against this petitioner is of having taken an active role in the sale of tea leave which was purchased by co-accused Ram Chandra Prasad. The petitioner is in custody since 11.8.2011. Regard being had to the submission of learned counsel, let the petitioner Umesh Prasad @ Umesh Bhagat @ Umesh Kumar @ Mithelesh Kumar Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, District- East Champaran in connection with Kotwa P.S. Case No. 170 of 2011 subject to the following conditions: (a) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates fixed for such purpose and delays the trial in any manner, his bail bonds will be liable to be cancelled for reasons of misuse; and (b) That the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates Patna High Court Cr.Misc. No.35040 of 2011 (4) dt.02-03-2012 3 fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel his bail bonds and to take him into custody. S.Sb/- (Jyoti Saran, 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.