Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44495 of 2011 ====================================================== Butta Choudhary @ Prince @ Raju Choudhary, S/o Bigan Choudhary @ Sonu Choudhary, Resident of Mohalla - Barki Delha , Priya Road Bhutali , P.S.- Delha , District – Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 2 24-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Delha P.S.Case No.74 of 2011 (G.R.No.3323 of 2011) for the offence punishable under [STATUTE] . Taking into consideration the submissions of learned counsel that the alleged stolen articles recovered from the house of the petitioner were articles of general use and no test identification parade was held even for the said items, let the petitioner Butta Choudhary alias Prince alias Raju Choudhary be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties Patna High Court Cr.Misc. No.44495 of 2011 (2) dt.24-01-2012 2 of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Delha P.S.Case No.74 of 2011 (G.R.No.3323 of 2011). ahk (Jyoti Saran, J.)

Applicable IPC Section: 454

Statute Text:
Section 454 of the Indian Penal Code. Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass or house-breaking, 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 three 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 ten years.