Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34723 of 2012 ====================================================== 1. Prakash Yadav S/O Late Guneshwar Yadav Resident Of Village- Beladih (Madhodih), P.S.- Harpur, District- Munger .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 19-09-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The petitioner is the brother of the informant, who happens to be the driver of the truck, which, along with Rs.11,000/-, was looted. However, amongst the miscreants the informant has specifically stated that they were unknown persons. In the further statement the informant stated that earlier his brother was driving the vehicle and he was ousted from the service and at that time the petitioner has threatened the owner that his vehicle can not move in the said line. However, the name of the petitioner has not been mentioned in the first information report implicating him in crime. From the order rejecting the bail petition of the petitioner by the Additional Sessions Judge, it is apparent that the informant identified his brother, the petitioner, in test identification parade. The learned counsel for the petitioner submits that when the informant has not named the petitioner amongst the persons, who have looted truck, hence, his identification by the petitioner, who happens to be his brother, has no relevance and except that there is nothing against the petitioner. Hence, 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/- (rupees ten thousand) with two sureties of the like amount each in connection with Tarapur P.S. Case No. 12 of 2012 to the satisfaction of the Chief Judicial Magistrate, Munger. SA/- (Gopal Prasad, 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.