Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17917 of 2012 ====================================================== Rajeev Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 14-05-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . Accusation is of committing theft in the house of the informant. One stolen cylinder was recovered from the possession of the petitioner when petitioner was not named in the F.I.R. It is submitted by learned counsel for the petitioner that alleged cylinder was not the stolen cylinder rather it is petitioner’s own cylinder. In that view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner, however keeping in view of the nature of recover, it is a good case for consideration of regular bail, if the petitioner surrenders within a period of six weeks in connection with Sitamarhi P.S. Case Patna High Court Cr.Misc. No.17917 of 2012 (2) dt.14-05-2012 2 / 2 2 No. 49 of 2012, pending in the Court of learned Chief Judicial Magistrate, Sitamarhi. With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 457

Statute Text:
Section 457 of the Indian Penal Code. Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment. Whoever commits lurking house-trespass by night, or house-breaking by night in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.