Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24456 of 2012 ====================================================== Jata Shankar Jha, Son of Ramadhin Jha @ Budhan Jha. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Most. Pawan Devi, Wife of Late Bhagirath Yadav. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 26-07-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is named accused in this petty old complaint case. Submission is of false implication and under almost similarly situated circumstance, two of the co-accused, namely, Baue Lal Mahto and Sanjay Mahto have already been released on bail vide order dated 14.06.2012 passed in Cr. Misc. No. 21441/2012 by another Bench of this Court. Further, petitioner has no criminal antecedent. If it is so, having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Complaint Case No. 142/1999 corresponding to T.R. No. 46/2010, subject to condition to remain physically present before the court below Patna High Court Cr.Misc. No.24456 of 2012 (2) dt.26-07-2012 2 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: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.