Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 48069 of 2012 ====================================================== Bijay Yadav @ Vijay Yadav @ Bijay Kumar Yadav, son of Dharnidhar Yadav, resident of Vill. Nawtoliya, P.S. Singhiya, Distt. Samastipur. .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 2. 18-12-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Singhiya P.S. Case No. 111 of 2011 registered for offence punishable under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against him in the F.I.R. is that he caught hold of the petitioner and assaulted the petitioner with stick. There is specific allegation against another co-accused namely, Jitendra Yadav of firing on the chest of the informant. Learned counsel submits that later in the statement under Section 164 of the Code of Criminal Procedure, 1973, the whole story has been changed wherein the petitioner is said to have hit the informant on the head with a rod Patna High Court Cr.Misc. No.48069 of 2012 (2) dt.18-12-2012 2 and further one Ram Pravesh Yadav is said to have shot at him and not Jitendra Yadav. Learned counsel submits that in view of the aforesaid, co-accused Ram Pravesh Yadav and Sunil Manjhi were granted anticipatory bail by a co-ordinate Bench of this Court on 27.07.2012 in Cr. Misc. No. 23996 of 2012. Copy of the order has been made Annexure-3 in the present bail application. Learned counsel for the petitioner submits that the petitioner is in custody since 18.09.2012. Learned A.P.P. for the State opposes the prayer for bail and submits that there is allegation against the petitioner having committed an overt act of hitting the informant and thus he does not deserve the privilege of 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 A.C.J.M., Rosera, Samastipur in Singhiya P.S. Case No. 111 of 2011. Anjani/- (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.