Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9271 of 2012 ====================================================== 1. Sudis Ravi Das, S/O Late Mishri Ravidas, R/O Vill-Haraul, P.S.- Noorsarai, Distt-Nalanda. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 29-02-2012 Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner is an accused in connection with Noorsarai P.S. Case No.220/2011, G.R. No.2985/2011 for the offence punishable under [STATUTE] . It is submitted that the allegation against the petitioner is to have stolen the articles from the house by breaking window. It is further submitted that the petitioner has been falsely implicated in this case. He has given a list of articles, which have been given to the petitioner by the son of the informant. He has also filed a petition before the Superintendent of Police, Nalanda dated 8.12.2011 stating therein that he is ready to return the articles, which has been given by the son of the informant, if the informant receives the articles and grant receipt thereof. The petitioner has no criminal antecedent. Patna High Court Cr.Misc. No.9271 of 2012 (2) dt.29-02-2012 2 Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No.220/2011 with the following conditions : 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will appear before the court on each and every date fixed in the case except for any cogent reason. 4. In case of absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody forthwith. V.K. Pandey/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night 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 five 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 fourteen years.