Case Facts:
Patna High Court Cr.Misc. No.24882 of 2012 (2) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24882 of 2012 ====================================================== Md. Nishad Alam son of Maqsood Alam, resident of village- Barahpura, P.S. Ishaquachak, District-Bhagalpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 06-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in Tarapur P.S. Case No. 21 of 2012 disclosing offence under [STATUTE] and Section 49 of the Bihar Minor Minerals Rules, 1972 read with Section 7 of Bihar Minerals Illegal Mining Rules, 2003, the present anticipatory bail application has been filed. As per the prosecution story contained in the written report of Mineral Development Officer, Munger, addressed to the Officer-in-Charge, Tarapur Police Station that on 17.03.2012 two trucks bearing registration no. BR-10-A 9126 and BR-10-G 3780 were found loaded with 200 cft and 150 cft of sand illegally. Learned counsel for the petitioner contends that he has been implicated in the case merely on the basis that he is the owner of Patna High Court Cr.Misc. No.24882 of 2012 (2) dt.06-07-2012 the truck bearing registration no. BR-10-A 9126 and there is otherwise no material to connect him with the alleged offence. Under the facts and circumstances of the case, let the petitioner Md. Nishad Alam, in the event of his arrest / surrender within four weeks from today before the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount, each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Tarapur P.S. Case No. 21 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Saif/- (Chakradhari Sharan Singh, 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.