Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44957 of 2012 ====================================================== Md. Aslam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s Mr. Mukesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 14-12-2012 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Mr. Mukesh Kumar learned Additional Public Prosecutor appearing on behalf of the State. Petitioner is in custody in connection with Jehanabad G.R.P. Case No. 34 of 12 instituted for the alleged offences punishable under [STATUTE] . Learned counsel for the petitioner submits that in the F.I.R. it has been stated as regards the petitioner that in course of search, the petitioner dropped the stolen purse which was recovered by the informant, a police constable In the said purse the informant found a sum of Rs.110/-. Learned counsel for the petitioner further submits that no case regarding any theft was instituted and in such view of the matter no offence under section 414 is made out. He further submits that the petitioner has no criminal antecedent. Patna High Court Cr.Misc. No.44957 of 2012 (2) dt.14-12-2012 2 / 2 2 In view of above, let petitioner Md. Aslam be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Railway Magistrate, Gaya in connection with Jerhanabad G.R.P. Case No. 34/12. Naresh/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 401

Statute Text:
Section 401 of the Indian Penal Code. Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.