Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38872 of 2011 ====================================================== Chitranjan Thakur @ Chitu, son of Chaturdeo Thakur, resident of village- Fulwariya, P.S.- Fenhara, District- East Champaran at Motihari. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 15-03-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No.445 of 2009 arising from Hajipur Sadar P.S. Case No.404 of 2006 for the offences punishable under [STATUTE] . Charges, however, have been framed by the trial court under [STATUTE] . The allegation set out in the FIR is against six unnamed accused who have committed dacoity in the cash-van of the Bank in which an amount of Rs.37.80 lacs was being transported from Muzaffarpur to Patna. The occurrence took place before the railway crossing, when the unnamed accused attacked the van, gunned down three of the occupants including the guard and the cashier. The driver of the van who had left the van just prior to the occurrence on the pretext of having a glass of water was arrested in the case and the name of this petitioner has transpired on the basis of the statement made by the said driver. Learned counsel for the petitioner submits that except the confessional statement of the driver, namely, Lokesh Kumar there is no other material to connect this petitioner with the alleged occurrence, Patna High Court Cr.Misc. No.38872 of 2011 (3) dt.15-03-2012 2 inasmuch as neither any recovery has been made from his possession nor the petitioner has been put on test identification parade. It is submitted that considering the circumstances a Bench of this Court has been pleased to grant bail to another accused, namely, Abhay Kumar Sharma @ Abhay Sharma vide order passed on 01.09.2008 in Criminal Miscellaneous No.26068 of 2008. It is submitted that several other accused have also been granted bail including Lokesh Kumar which finds mentioned in the order passed in the case of Abhay Kumar Sharma @ Abhay Sharma. It is thus submitted that the case of this petitioner stands on same and similar footing. Regard being had to the submission of learned counsel and having perused the materials on record, let the petitioner, namely, Chitranjan Thakur @ Chitu be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Fast Track Court No.1, Vaishali at Hajipur in connection with Sessions Trial No.445 of 2009 arising out of Hajipur Sadar P.S. Case No.404 of 2006; subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial, without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.