Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39979 of 2012 ====================================================== Birendra Chaudhary S/O Gobardhan Chaudhary resident of Village - Kushmahawa, P.S. Dhaka, District - East Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 06-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Dhaka P.S. Case No. 70 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R. but has been made accused only on the basis of suspicion. He submits that there has been neither any recovery from the house of the petitioner nor there are any witnesses to the alleged crime. It is submitted that the petitioner’s house is across the road to that of the informant which is alleged to have been broken open. Learned counsel submits that due to the open sale of liquor from the shop of the informant, ugly scenes were created and even the womenfolk of the Patna High Court Cr.Misc. No.39979 of 2012 (2) dt.06-11-2012 2 / 2 2 petitioner were harassed by the persons who used to get drunk after consuming liquor from the shop of the informant. Learned counsel submits that in the past also it was at the behest of the informant that two other cases were also lodged against the petitioner and thus only to stop the petitioner from complaining against the liquor shop of the informant, the present F.I.R. has been lodged. Learned counsel submits that the petitioner is in custody since 31.07.2012. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is the main accused and thus should not be granted bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikrahana at Motihari (East Champaran) in Dhaka P.S. Case No. 70 of 2012. Anand Kr. (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.