Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36999 of 2012 ====================================================== Chunni Mandal S/O Hari Mandal Resident of Village - Talia Bathan, P.S. Pasraha ( Gogari ), District – Khagaria. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 30-10-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the application. The petitioner is in custody in connection with Parbatta (Pasraha) P.S. Case No. 671 of 1993 instituted for offence punishable under [STATUTE] and later on [STATUTE] was also added. Learned counsel for the petitioner submits that initially the petitioner was granted bail on 27.08.1993 and on 15.03.1999 the bail bond was cancelled. Learned counsel submits that this was due to an erroneous impression on his part as he being a poor labourer had gone outside the State to Patna High Court Cr.Misc. No.36999 of 2012 (2) dt.30-10-2012 2 / 2 2 earn his livelihood and thus could not attend the Court on each and every date fixed which led to the bail being cancelled. Learned counsel submits that even on merit the petitioner was not named in the F.I.R. and has been implicated only on the basis of suspicion without there being any recovery from him. It is further submitted that he has no criminal antecedent and is in custody since 23.03.2012. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner has misused the privilege of bail and thus should not be released on bail. 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.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of A.D.J. F.T.C. 3, Khagaria in connection with Parbatta (Pasraha) P.S. Case No. 67 of 1993. The petitioner shall be represented before the trial Court on each and every date. Non appearance on two consecutive dates without sufficient cause shall be a ground for cancellation of bail by the Court below. Anand Kr. (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.