Case Facts:
Patna High Court Cr.Misc. No.36740 of 2012 (2) dt.19-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36740 of 2012 ====================================================== Shivji Sahni .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Madan Kumar, APP Incharge. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 19-09-2012 Heard learned counsel for the petitioner and learned Additional P.P. for the State. On getting confidential information with regard to assemblage of anti-social elements, a raid was conducted wherein so many miscreants were apprehended including petitioner from whose possession one country made loaded pistol, one cartridge and a Nokia mobile set was recovered. It has been submitted on behalf of the petitioner that he happens to be under custody since 26.03.2012. It has further been submitted that petitioner has got no criminal antecedents save and except presence of instant case along with its connecting separate case registered under [STATUTE] wherein petitioner had already been let off on bail vide Cr.Misc. No. 31948/2012. Learned APP opposed the prayer and submitted that Patna High Court Cr.Misc. No.36740 of 2012 (2) dt.19-09-2012 during course of conduction of raid, the miscreants were apprehended after having firing resorted by the police in their self defence to retaliate the fire made by the miscreants. Taking into account the period of detention in consonance with absence of criminal antecedents, petitioner, Shivji Sahni is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No.76/12 (G.R. No.1052/12). perwez./- (Aditya Kumar Trivedi, 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.