Case Facts:
Patna High Court Cr.Misc. No.20009 of 2012 (3) dt.13-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20009 of 2012 ====================================================== 1. Md. Hakku S/O Late Abdul Rahman .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 13-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 08.12.2011 in a case initially, registered under [STATUTE] but later on, [STATUTE] were also added. Petitioner is not named in the first information report and it is stated that in course of investigation, looted mobile was recovered beneath the bed of son of the petitioner. Admittedly, the aforesaid recovery was made in absence of the petitioner and furthermore, petitioner does not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with Patna High Court Cr.Misc. No.20009 of 2012 (3) dt.13-07-2012 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 424 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 458

Statute Text:
Section 458 of the Indian Penal Code. Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc. Whoever commits lurking house-trespass by night, or house-breaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.