Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37148 of 2011 ====================================================== 1. Sunil Nut son of Dilip Nut, R/O Village- Ettah Chhawani, P.S. Manuapul, District- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.37155 of 2011 ====================================================== 1. Birendra Nut son of Babhjan Nut, R/o Village- Agahia P.S. Saraiya District-Muzaffarpur 2. Dindayal Nut son of Deonath Nut @ Raghunath Nut, R/O Village- Hussaini P.S. Dumariya, District- East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1417 of 2012 ====================================================== 1. Mangal Nat S/O Late Khelari Nat, Resident Of Village- Ajay Garhwa, Police Station- Pakri Dayal, District- East Champaran (Motihari) 2. Sanjay Nat S/O Nagendra Nat, Resident Of Village- Ajay Garhwa, Police Station- Pakri Dayal, District- East Champaran (Motihari) 3. Shiv Shankar Nat S/O Mangal Nat, Resident Of Village- Ajay Garhwa, Police Station- Pakri Dayal, District- East Champaran (Motihari) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.37294 of 2011 ====================================================== 1. Munna Nut son of Jhamendra Nut R/O,Vill.-Tilvista,P.S.-Saraiya,Dist.- Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar Patna High Court Cr.Misc. No.37148 of 2011 (4) dt.12-03-2012 2 .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.37148 of 2011) For the Petitioner/s : Mr. K.N.Diwakar, Advocate For the Opposite Party/s : Mr. A.K.Srivastava,APP (In Cr.Misc. No.37155 of 2011) For the Petitioner/s : Mr. K.N.Diwakar, Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP (In Cr.Misc. No.1417 of 2012) For the Petitioner/s : Dr. Alok Kumar, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP (In Cr.Misc. No.37294 of 2011) For the Petitioner/s : M r. K.N.Diwakar, Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4. 12-03-2012. Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. The petitioners in all the four applications are in custody in connection with Karja P.S.Case No.171 of 2010 for the offences punishable under [STATUTE] . The F.I.R is against 10-15 unknown dacoits who committed loot in the house of the informant and in the process, shot dead his grand son. One of such person was partially identified by the son of the informant as being Kamal Paswan. Learned counsel for the petitioners have submitted that the involvement of the present petitioners is only by virtue of Patna High Court Cr.Misc. No.37148 of 2011 (4) dt.12-03-2012 3 their antecedents and on the basis of a confessional statement made by co-accused Birendra Nut. It is submitted that apart from the aforesaid circumstances, there is no other material connecting the petitioners with the alleged offence. It is submitted that neither there has been any recovery from the petitioners nor they have been put on test identification parade since after their arrest in the present case. Learned Additional Public Prosecutor, with reference to paragraph nos.73 to 75 of the case diary, submits that it is on the statement of the co-accused Birendra Nut that these petitioners have been remanded in the present case. Regard being had to the submissions of the learned counsel and having perused the material on record, let the petitioners, (1) Sunil Nut, (2) Birendra Nut, (3) Dindayal Nut, (4) Mangal Nat, (5) Sanjay Nat, (6) Shiv Shankar Nat and (7) Munna Nut be released on bail upon each one of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, (West), Muzaffarpur in connection with Karja P.S..Case No.171 of 2010, subject to the following conditions : (a) That the petitioners will receive the police papers on the Patna High Court Cr.Misc. No.37148 of 2011 (4) dt.12-03-2012 4 given date and be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail bonds will be liable to be cancelled for reasons of misuse, and (b) That the petitioners shall ensure their representation before the court below on each and ever date fixed in the case and the failure on the part of the petitioners to ensure their representation before the court below on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the defaulting petitioner(s) and to take him/them in custody. ahk/- (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.