Case Facts:
Patna High Court Cr.Misc. No.44163 of 2012 (2) dt.05-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 44163 of 2012 ====================================================== Santosh @ Sanjay Kumar Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 05-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] as well as Sections 25(1-b)a, 26 and 35 of the Arms Act. There is allegation of loot of motor-cycle, on search the said motor-cycle was recovered from one Mayanand Paswan @ Munna along with key, which was identified by Pawan Kumar Verma. Learned counsel for the petitioner submits that neither any recovery has been made from the possession of the petitioner nor he has been put on Test Identification Parade and the only material against the petitioner is the confessional statement of co-accused, Mayanand Paswan @ Munna. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released Patna High Court Cr.Misc. No.44163 of 2012 (2) dt.05-11-2012 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 learned Chief Judicial Magistrate, Araria in connection with Jokihat P. S. Case No. 248 of 2010. Kundan/- (Gopal Prasad, 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.