Case Facts:
Patna High Court Cr.Misc. No.19183 of 2012 (2) dt.29-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19183 of 2012 ====================================================== 1. Shakir, S/O Abdul Karim, resident of Village- Galgalia Pul, Police Station- Pothia, District- Kishanganj 2. Afsar, S/O Late Imteyaz Ali, resident of Village- Galgalia Pul, Police Station- Pothia, District- Kishanganj .... .... Petitioners Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 29-05-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Pothia P.S. Case No. 104 of 2011 dated 05.09.2011 registered for offence under [STATUTE] . Learned counsel for the petitioners submits that they have been made accused only on the basis of the confessional statement of co-accused though nothing incriminating has been recovered from them. It is further submitted that two other co- accused have been granted bail. It is also submitted that recovery has been made from the possession of co-accused Charu Swarnkar and only on the basis of his statement the petitioners have been made accused. Learned counsel submits that the prayer for bail Patna High Court Cr.Misc. No.19183 of 2012 (2) dt.29-05-2012 was rejected by the Additional Sessions Judge erroneously since on the one hand on the same confessional statement other co- accused has been granted bail whereas the petitioners have been refused the same. It is submitted that the petitioners are in custody since 08.02.2012. Learned A.P.P. for the State, on the other hand, submits that the petitioners are alleged to have sold gold and silver to the co-accused Charu Swarnkar from whose possession the same has been recovered and thus they do not deserve the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in Pothia P.S. Case No. 104 of 2011. This application, accordingly, stands disposed off. Md. Ibrarul/- (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.