Case Facts:
Patna High Court Cr.Misc. No.45307 of 2012 (2) dt.21-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 45307 of 2012 ====================================================== Bishwanath Mahto .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== For the State: - Mr. Suresh Prasad Singh, A. P. P. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 21-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. Earlier the case was instituted under [STATUTE] and subsequently after the death of the victim [STATUTE] has been added. There is allegation that one Amit Kumar caught hold of the collar of the deceased and one Bikau and Krishna Nand assaulted him by iron rod and further the allegation is that Bikau assaulted him by the butt of the Nalkatua on the head by which he got unconscious. Learned counsel for the petitioner submits that the role attributed to the petitioner is of snatching locket from the neck of the informant who happens to be the wife of the deceased. He further submits that no role of assaulting the deceased has been attributed and the death is alleged due to head injury caused by hard and blunt substance. Hence, having regard to the facts and circumstances of the case and the fact that since no role of assault has been attributed to the petitioner, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Patna High Court Cr.Misc. No.45307 of 2012 (2) dt.21-11-2012 Magistrate, Sitamarhi in connection with Bairgania P. S. Case No. 49 of 2012. Kundan/- (Gopal Prasad, 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.