Case Facts:
Patna High Court Cr.Misc. No.20266 of 2012 (2) dt.31-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20266 of 2012 ====================================================== 1. Afjal Alam S/O Abbas Saheb Resident Of Village- Shayampur Bazar, Adapur, P.S.- Adapur, District- East Champaran. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 31-05-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Raxaul P.S. Case No. 90 of 2011 registered for offence punishable under [STATUTE] and Sections 3/4 of the Explosive Substances Act. Learned counsel for the petitioner submits that the F.I.R. was lodged against unknown persons in which there is specific allegation that four persons had committed the offence after entering the shop. It is stated that later on due to the confessional statement of co-accused Rahul Kumar, the petitioner has been implicated and the role assigned to him is that he also participated in the said offence. The petitioner is said to be standing outside the shop keeping a watch while the others went inside the shop to commit the crime. Learned counsel submitted that there has been no recovery from the Patna High Court Cr.Misc. No.20266 of 2012 (2) dt.31-05-2012 petitioner and that he has been implicated only on the basis of the said confessional statement. It is further submitted that no Test Identification Parade has been conducted which also goes to prove that the petitioner is innocent. It is submitted that the petitioner in custody since 30.9.2011. Learned A.P.P. for the State opposes the prayer for bail and submits that the other co-accused having taken the name of the petitioner and assigned specific role to him, he does not deserve to be released on bail. Upon hearing learned counsel for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to 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 the Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 90 of 2011. ahk/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.