Case Facts:
Patna High Court Cr.Misc. No.23204 of 2011 (4) dt.10-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23204 of 2011 ====================================================== 1. Sunil Singh S/O Late Samla Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna 2. Karu Singh @ Kara Singh S/O Sunil Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna 3. Tunnu Singh @ Tunnu S/O Sunil Singh Resident Of Village- Narma, P.S. Fathua, Distt. Patna .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 10-09-2012 Heard learned counsel for the petitioners, the complainant and the State. This is a petition for grant of anticipatory bail for offence under [STATUTE] . From the order of the Session's Judge, it appears that the petitioners were earlier on police bail. However, earlier a case instituted and during investigation the petitioners were on bail and after submission of the final form, the cognizance was taken on protest. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. The prayer for bail is rejected. If the petitioners surrender and pray or regular bail that may be considered on it’s own merit in view of the judgment reported in 2004(3) P.L.J.R., 491 (Mahendra Prasad Singh, vrs. The State of Bihar) and in view of the fact that the petitioners were earlier on police bail. SA/- (Gopal Prasad, 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.