Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20292 of 2012 ====================================================== Sanjay Thakur S/O Kalika Thakur Resident Of Village- Kalhua Paigamberpur, P.S- Sibaipatti, District- Muzaffarpur. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 31-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Minapur P.S. Case No. 123 of 2011 dated 28.05.2011 corresponding to S. Tr. No. 156 of 2012 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that he is not named in the F.I.R. As per the prosecution story, some persons were trying to cut open the grille and in that process the gas cylinder blasted resulting in injury to two persons. It is submitted that one of the injured has taken the name of the petitioner to be a party to the crime who has also confessed to have committed the crime. Learned counsel submits that he has been remanded in the present case on 10.12.2011. The attention of this Court has been Patna High Court Cr.Misc. No.20292 of 2012 (2) dt.31-05-2012 2 drawn to Annexure-2 of the application which is order dated 21.11.2011 by a co-ordinate Bench of this Court in Cr. Misc. No. 37206 of 2011 by which the co-accused, who was injured and had taken the name of the petitioner namely, Munna Prasad, has been granted bail. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner was involved in commission of the crime and thus does not deserve bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Muzaffarpur in connection with Minapur P.S. Case No. 123 of 2011 corresponding to S. Tr. No. 156 of 2012. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 398

Statute Text:
Section 398 of the Indian Penal Code. Attempt to commit robbery or Dacoity when armed with deadly weapons. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.