Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36938 of 2012 ====================================================== Md. Haidar @ Md. Haidar Ali S/O Md. Rasul Resident Of Mohalla Islamiya Chowk, Gaugjala, Police Station Saharsa, District Saharsa. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 31-10-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 481 of 2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the F.I.R. was lodged against unknown persons and the allegation is that six persons looted Rs. 5,00,000/- from a petrol pump. It is submitted that though the date of occurrence is 11.10.2011 but the petitioner was caught on 22.10.2011 and from him allegedly Rs. 5060/- has been recovered, as has been mentioned in the order of the 1st Additional Sessions Judge, Saharsa dated 04.07.2012 by which the prayer for bail of the petitioner was rejected. Learned counsel Patna High Court Cr.Misc. No.36938 of 2012 (2) dt.31-10-2012 2 submits that he is in custody since 22.10.2011. Learned counsel has also drawn the attention of this Court to Annexure-2 series which are orders granting bail to the other co-accused namely, Sushil Kumar Yadav @ Sushil Kumar, Manish Kumar Verma, Md. Firoz and Banty @ Banty Yadav @ Chandan @ Chandra Bhushan Yadav in Cr. Misc. No. 12330 of 2012 on 03.04.2012, in Cr. Misc. No. 20041 of 2012 on 18.05.2012, in Cr. Misc. No. 18947 of 2012 on 28.05.2012 and Cr. Misc. No. 29714 of 2012 on 13.08.2012 respectively. Learned A.P.P. for the State opposes the prayer for bail and submits that three other cases are pending against the petitioner and thus bail should not be granted. Learned counsel for the petitioner, by way of reply, submits that in all the cases the petitioner is already on bail and further that against all the other co-accused who have been granted bail there are other cases pending also. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 481 of Patna High Court Cr.Misc. No.36938 of 2012 (2) dt.31-10-2012 3 2011. One of the bailors shall be the father of the petitioner. Both the bailor and the petitioner shall execute a bond of good behaviour and the petitioner shall also give an undertaking that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bond and the undertaking shall be a ground for cancellation of bail in the present case. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.