Case Facts:
Patna High Court Cr.Misc. No.22561 of 2012 (5) dt.27-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22561 of 2012 ====================================================== Md. Anwar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.29456 of 2012 ====================================================== Md. Hamid .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 27.08.2012 Both the above stated petitions originate from Keoti P.S. Case no.46/2012 registered under [STATUTE] and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are not named in the first information report but in course of investigation, one co-accused Ramautar Yadav was arrested and confessed his guilt disclosing this fact that petitioner in Cr. Misc. no. 29456/2012 and one other participated in the alleged crime but later on, stolen tempo was sold to one Md Nazir. Learned counsel for the petitioner in Cr. Misc. no. 22561/2012 submits that no doubt, stolen tempo has been recovered from the possession of the petitioner but, as a matter of fact, the above stated Md Nazir had given the aforesaid tempo to the petitioner and Patna High Court Cr.Misc. No.22561 of 2012 (5) dt.27-08-2012 according to the confessional statement of co-accused Ramautar Yadav, petitioner had not participated in the alleged crime nor purchased the stolen tempo. Learned counsel for the petitioner in Cr. Misc. no. 29456/2012 submits that except the confessional statement of co- accused Ramautar Yadav as well as some criminal antecedent, there appears to be nothing against the petitioner and so far as criminal antecedent of the petitioner is concerned, petitioner has already been granted privilege of bail as well as acquitted in all the aforesaid cases. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Md. Anwar and Md Hamid, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Keoti P.S. Case no. 46/2012. Shahid (Hemant Kumar Srivastava,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.