Case Facts:
Patna High Court Cr.Misc. No.24397 of 2012 (4) dt.03-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24397 of 2012 ========================================= Awadh Yadav @ Awadhesh Yadav, son of Shiya Ram Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ========================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 03-09-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for the grant of regular bail to the petitioner who has been made an accused in a case registered for the offences punishable under [STATUTE] . The petitioner is one of the named accused in this case with allegation of committing theft along with others in the house of the informant and fled away and prosecution side claimed to identify the petitioner and others in the light of torch. Submission is of false implication due to petty dispute and petitioner is one of the agnates of the informant and other independent witnesses who chased the miscreants failed to identify anyone. Further, there is nothing recovered from the possession of the petitioner nor petitioner carries any criminal antecedent. If, it is so, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten Patna High Court Cr.Misc. No.24397 of 2012 (4) dt.03-09-2012 thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, in connection with Imadpur P.S. Case No. 17 of 2012, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (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.