Case Facts:
Patna High Court Cr.Misc. No.44729 of 2012 (2) dt.19-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44729 of 2012 ====================================================== 1. Suresh Singh S/O Late Ram Lakhan Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 03.09.2012 in a case registered under [STATUTE] and 27 of the Arms Act. Although, petitioner is named in the first information report but there is no allegation of firing against the petitioner and it is stated that he along with other accused committed loot in the house of the informant. Learned counsel for the petitioner submits that having similar allegation, several co-accused persons have already been granted privilege of bail by the learned court below itself and while considering the bail of co-accused Awadhesh Singh the learned lower court observed in order dated 01.09.2008 passed in B.P. No. 327 of 2008/2291 of 2008 that no occurrence of loot had Patna High Court Cr.Misc. No.44729 of 2012 (2) dt.19-12-2012 occurred. 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 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 05 of 2005. SHAHZAD/- (Hemant Kumar Srivastava, 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.