Case Facts:
Patna High Court Cr.Misc. No.44312 of 2012 (2) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44312 of 2012 ====================================================== Md. Seraj son of Late Bir Rahaman .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 14-12-2012 Heard Mrs. Rajani Kumari, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State. The petitioner is in custody since 11.04.2012 in connection with Dighwara P.S. Case No. 68 of 2012 for the alleged offence punishable under [STATUTE] . As per the prosecution story, the petitioner with other co- accused was apprehended by the Police after getting confidential information that some persons were planning to commit Dacoity. In course of search, it is alleged, one countrymade pistol, one mobile phone and from the steel knife was recovered from the possession of the petitioner and from the other co-accused Vinod Chaudhary also live cartridges alongwith mobile sets were recovered. Learned counsel for the petitioner has drawn my attention to the order dated 08.08.2012 passed in Cr. Misc. No. 30919 of 2012 (Annexure-3) whereby this Court has granted regular bail to other Patna High Court Cr.Misc. No.44312 of 2012 (2) dt.14-12-2012 co-accused Vinod Choudhary. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. In that view of the matter, let the petitioner Md. Seraj 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 learned F.T.C. 1st Saran at Chapra in connection with Dighwara P.S. Case No. 68 of 2012. Saif/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.