Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30107 of 2011 Sohan Kumar & Anr. Versus The State Of Bihar ----------- 04/ 24.01.2012 Learned counsel for the petitioners is permitted to make necessary correction in prayer portion of his petition within the course of the day. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are in jail custody in a case initially, registered under [STATUTE] but later on, [STATUTE] were also added. Petitioners are named in the first information report but admittedly, informant is not an eye witness of the alleged occurrence and he came to know about the alleged occurrence from one Shree Kumar whose statement has been recorded at para 5 of the case diary. This witness states that he had seen the petitioners and some unknown persons assaulting the deceased and similar statement has been made by one witness Lohar Prasad at para 6 of the case diary. The contention of learned counsel for the petitioners is that above stated Shree Kumar and Lohar Prasad are not eye witnesses of the alleged occurrence and had they seen the petitioners assaulting the deceased, they would have certainly informed the father of the deceased but it is surprising enough that they kept mum till recovery of the deceased in injured condition. - 2 - Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Sohan Kumar and Mannu Mian, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge, Motihari, East Champaran in Sessions trial no. 690/2011 arising out of Motihari Town P.S. Case no. 121/2011. Shahid Hassan (Hemant Kumar Srivastava,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.