Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25140 of 2012 ====================================================== 1. Md. Salauddin, Son of Gaffar Mian. 2. Rasul Mian, Son of Wajul Mian. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 30-07-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] . In this case, instituted against one named and two unknown, petitioners name appears emerging during investigation in extra judicial confession of co-apprehended accused. Submission is of false implication and from petitioner no. 2 four saris’ though was recovered and identified simply by the informant, but nothing was recovered from the possession of petitioner no. 1 and even the saris’ are of common use and identification is doubtful. Moreover, none of these two petitioners carry any criminal antecedent. If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, Motihari at East Champaran, in connection with Chiraiya P.S. Case No. 72/2012, subject Patna High Court Cr.Misc. No.25140 of 2012 (2) dt.30-07-2012 2 / 2 2 to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.