Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36634 of 2011 ====================================================== VIJAY KUMAR RAM, SON OF RAM MURAT RAM, RESIDENT OF VILLAGE KHATKHARI, POLICE STATION ADHOURA, DISTRICT KAIMUR (BHABHUA) .... .... Petitioner/s Versus THE STATE OF BIHAR .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 04-01-2012 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner is an accused in a case under [STATUTE] and Sections 25 (1-B) A/26 (2)/35 of the Arms Act. In connection with this case, the petitioner is in custody since 03.05.2011. Earlier, the prayer for bail of the above named petitioner was rejected by this Court vide order dated 23.08.2011 passed in Criminal Misc. No. 28334 of 2011. The allegation is that several persons have gathered together to commit dacoity. Counsel for the petitioner submits that a number of other co-accused persons having similar allegations were granted bail by this Court. He further submits that the petitioner Patna High Court Cr.Misc. No.36634 of 2011 (4) dt.04-01-2012 2 / 2 2 was not an accused in any other case earlier to the present case. The petitioner has subsequently been made accused in Mahua Police Station Case No. 136 of 2011 on the basis of suspicion. The petitioner has now remained in custody for eight months in this case. Considering this aspect of the matter, the above named petitioner is directed to be released on bail in Dehri (Indrapuri) Police Station Case No. 240 of 2011 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas (Sasaram) with a condition that one of the bailers should be a close family member of the petitioner. Prabhakar Anand/- (Sheema Ali Khan, 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.