Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9530 of 2012 ====================================================== Mahesh Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sharma For the State : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 28-03-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that informant and his wife were sleeping in the farm house of one Manjit Kumar Pandey when some assaulted the informant and his wife with Bakua(sharp cutting weapon). Petitioner was identified as an accused. It is submitted by learned counsel for the petitioner that for the occurrence of 04.01.2012 the fardbeyan was recorded on 05.01.2012 which came to be registered as police case on 09.01.2012. The injury report reflects the injuries to have been caused by hard and blunt substance. It is surprising that fardbeyan was recorded in the referral Patna High Court Cr.Misc. No.9530 of 2012 (2) dt.28-03-2012 2 / 2 2 hospital, Gaunaha when the informant and his wife were taken after being admitted when doctor found the stitch injury which not only creates doubt about the injury being caused but the version of the informant also. Considering the same, let the petitioner namely Mahesh Mahto, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Sahodara P.S. Case No. 05 of 2012. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.