Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44527 of 2012 ====================================================== Kamlesh Giri .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Verma For the Opposite Party/s : Mr. Arun Kumar Singh No.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 13-12-2012 Heard Mr.Ajay Kumar Verma, learned counsel for the petitioner and Mr. Arun Kumar Singh No.5 learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is in custody since 21-8-2012 in connection with Kamtaul P.S.Case No. 78 of 2012 for the offence punishable under [STATUTE] . The petitioner has prayed for grant of regular bail. As per the prosecution case, on the basis of confessional statement of co- accused Amar Giri a raid was conducted and a looted mobile was recovered from one Raghubans Giri and a looted motor-cycle was recovered from the house of this petitioner. Learned counsel for the petitioner submits that the looted motor-cycle was not recovered from the possession of the petitioner as the petitioner and accused Amar Giri have common ancestral house and both of them live in the said house where from Patna High Court Cr.Misc. No.44527 of 2012 (2) dt.13-12-2012 2 / 2 2 the said motor-cycle was recovered. It is submitted that Raghubansh Giri, from whose possession the looted mobile was recovered has been granted bail by this Court by order dated 30-7-2012 passed in Cr. Misc. 26839 of 2012. Learned counsel for the petitioner submits, with reference to statement made in the present application that there is no criminal antecedent so far as this petitioner is concerned. In view of the aforesaid fact and submission made on behalf of the petitioner, let petitioner Kamlesh Giri be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with Kamtaul P.S.Case No. 78 of 2012. Naresh/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.