Case Facts:
Patna High Court Cr.Misc. No.23204 of 2011 (4) dt.10-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23204 of 2011 ====================================================== 1. Sunil Singh S/O Late Samla Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna 2. Karu Singh @ Kara Singh S/O Sunil Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna 3. Tunnu Singh @ Tunnu S/O Sunil Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 10-09-2012 Heard learned counsel for the petitioners, the complainant and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . From the order of the Session's Judge, it appears that the petitioners were earlier on police bail. However, earlier a case instituted and during investigation the petitioners were on bail and after submission of the final form, the cognizance was taken on protest. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. The prayer for bail is rejected. If the petitioners surrender and pray or regular bail that may be considered on it’s own merit in view of the judgment reported in 2004(3) P.L.J.R., 491 (Mahendra Prasad Singh, vrs. The State of Bihar) and in view of the fact that the petitioners were earlier on police bail. SA/- (Gopal Prasad, 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.