Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20469 of 2012 ====================================================== 1. Arjun Manjhi. 2. Awadhesh Manjhi. Both Sons of Late Baleshwar Manjhi. 3. Laxman Manjhi, Son of Rajeshwar Manjhi. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 10-10-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. All the three petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] and Section 27 of the Arms Act, are named accused in this case, wherein, petitioner nos. 1 & 2 were apprehended during police raid conducted on some confidential information and name of petitioner no. 3 emerged during investigation on disclosure by apprehended accused persons. Submission is of false implication and petitioner no. 3 carries no criminal antecedent and petitioner no. 2 except being roped in simultaneously instituted Khodaganj P.S. Case No. 65 of 2011 has also no such criminal antecedent, whereas, petitioner no. 1 carries a few criminal cases for the offence under [STATUTE] etc. Having regard to the facts and circumstances of the case, for the present, the prayer for regular bail of petitioner no. 1, namely, Arjun Manjhi, is hereby, refused with a direction to the court below to proceed expeditiously with the trial and avoid undue delay and adjournments. Patna High Court Cr.Misc. No.20469 of 2012 (4) dt.10-10-2012 2 So far as, petitioner nos. 2 & 3, namely, Awadhesh Manjhi and Laxman Manjhi are concerned, subject to having no other criminal antecedents except mentioned above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Khodaganj P.S. Case No. 64 of 2011, 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: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.