Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39534 of 2012 ====================================================== Gopal Kumar Choudhary S/O Manoj Kumar Choudhary, Resident Of Village Keota, P.S. Dalsingsarai, District Samastipur. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Samastipur Rail P.S. Case No. 62 of 2011 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that the F.I.R. was against unknown person who is said to have snatched away the purse of the informant from a running train on 13.08.2011. Learned counsel submits that only on the basis of statement of two witnesses namely, Vijay Poddar and Chunchun Paswan on 15.03.2012, he has been made an accused. It is submitted that the said statement was recorded after more than seven months from the date of occurrence and even in the said statement it is alleged that the petitioner along with another person was seen running Patna High Court Cr.Misc. No.39534 of 2012 (2) dt.01-11-2012 2 away on 13.08.2011 at about 10:00 p.m. at night with a lady purse in his hand. Learned counsel submits that the said statement, besides being extremely belated, is also falsified by the fact that at 10:00 p.m. in the night in a place like Dalsingsarai the said persons could not have either identified or could have seen him having a lady purse. Learned counsel submits that the petitioner is in custody since 23.05.2012 without there being any Test Identification Parade. It is submitted that nothing has been recovered from the possession of the petitioner. Learned A.P.P. for the State submits that two witnesses had taken the name of the petitioner in connection with the incident and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Samastipur in connection with Samastipur Rail P.S. Case No. 62 of 2011. Anjani/- (Ahsanuddin Amanullah, 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.