Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46349 of 2012 ====================================================== Prithwi Rai son of Nagu Rai, resident of village- Harpur Kothi, P.S. Janta Bazar, District- Chapra. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Dubey, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 17-12-2012 Heard. In a criminal prosecution registered under [STATUTE] the petitioner and co-accused Munna Mian are suspected to have committed theft of a motorcycle of the informant. It is submitted that entire prosecution case is based on suspicion and surmises and the stolen motorcycle has not been recovered either from the house or from the possession of the petitioner. The petitioner is said to have surrendered on 01.10.2012 and since then he is in judicial custody. In the facts and circumstances of the case, the prayer for bail is allowed. Let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each in connection with Bhagwanpur P.S. Case No. 162 of 2011 dated 15.10.2011 to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to the conditions that: (A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, Patna High Court Cr.Misc. No.46349 of 2012 (2) dt.17-12-2012 2/2 (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. . BTiwary/- (Birendra Prasad Verma, 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.