Case Facts:
Patna High Court Cr.Misc. No.36115 of 2010 (4) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36115 of 2010 ================================================== Ramesh Kumar, son of Nanhak Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 4 23-01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Sasaram (Model) P.S. Case No. 462/2010 for the offences under [STATUTE] and 25(1- b)a, 26, 35 of the Arms Act, is one of the named accused in this case of recovery of one motorcycle and cellular phone etc. Submission is that the bike recovered is purchased property of the petitioner from one Durga Singh the original owner. As it appears earlier vide order dated 28.01.2011, a report was called for from the District Transport Officer, Patna, which could not be received till date. However, it is also being submitted now that official transfer of the name of the petitioner as regard to the vehicle involved has already been done on due scrutiny/inquiry. If, it is so, in the event of arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- Patna High Court Cr.Misc. No.36115 of 2010 (4) dt.23-01-2012 (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, in connection with Sasaram (Model) P.S. Case No. 462/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J)

Applicable IPC Section: 398

Statute Text:
Section 398 of the Indian Penal Code. Attempt to commit robbery or Dacoity when armed with deadly weapons. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.