Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40571 of 2012 ====================================================== Lal Bahadur Rai @ Ram Kishun Rai, Son of Jai Prakash Rai @ Ram Pujan Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 08-11-2012 Supplementary affidavit has been filed on behalf of the petitioner during the course of the day. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner seeks bail in a case registered under [STATUTE] . In this case, instituted against unknown, petitioner’s name emerged during investigation. Submission is of false implication without any material and neither anything was recovered from the possession of the petitioner nor he was ever put on test identification parade and under almost similarly situated circumstance, co-accused, Jata Nut @ Jataha Nut has already been released on bail vide order dated 26.07.2012 passed in Cr. Misc. No. 22374 of 2012, but petitioner is in custody only because of his implications in good number of cases coming to the tune of forty, but out of the above, in twenty one cases he has already been acquitted and in remaining eighteen cases he is on bail, but is in custody except present case only in connection with Baniyapur P.S. Case No. 23 of 2012. If it is so, having regard to the facts and circumstances of the Patna High Court Cr.Misc. No.40571 of 2012 (3) dt.08-11-2012 2 case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Janta Bazar P.S. Case No. 6 of 2012, subject 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: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.