Case Facts:
Patna High Court Cr.Misc. No.47698 of 2012 (2) dt.19-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47698 of 2012 ====================================================== Jitendra Giri S/o Kishori Giri .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 19-12-2012 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 31.7.2012 in connection with alleged offences under [STATUTE] . registered in connection with Aurangabad Town P.S. Case No. 257 of 2012. 3. The allegation is with regard to the theft from the house of the informant. The Fir discloses that the informant upon his return form Varanasi found that lock of the main gate of his residence has been broken and the various articles including clothes, ornaments etc. all valued at Rs. 10400/- were missing. 4. Learned counsel for the petitioner submits that he has been taken into custody on mere suspicion as he has neither been named in the Fir nor there is any eye witness to the occurrence. There is no recovery of anything from his conscious possession and the petitioner has clean Patna High Court Cr.Misc. No.47698 of 2012 (2) dt.19-12-2012 antecedents. 5. Considering the aforesaid facts, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 257 of 2012 on the following conditions- (i) That the petitioner will not indulge himself in any similar or other offence. (ii) One of the bailors must be a close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. AnilKrSinha/- (Vikash Jain, 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.