Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20418 of 2012 ====================================================== Vipin Yadav S/O Late Basudeo Yadav, Resident of Village- Bhawanipur, P.S- Gopalpur (Rangra), District- Bhagalpur. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2. 05-06-2012. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in Sessions Trial No.83 of 2012 arising from Navgachia P.S.Case Mo.98 of 2011 for offences punishable under [STATUTE] and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that neither he was named in the F.I.R. nor any recovery has been made nor any test identification parade has been held of the petitioner and he has been implicated only on the basis of some statements of the co-accused. It is also submitted that although the court below has recorded the findings regarding recovery of alleged looted articles following a confessional statement of the Patna High Court Cr.Misc. No.20418 of 2012 (2) dt.05-06-2012 2 petitioner but the same is not the correct position as the recovery has been taken place on 18.6.2011 whereas the confessional statement was recorded on 3.7.2011 and thus the said confession could not be assumed to be the basis of recovery. Learned counsel for the petitioner submits that other four co-accused persons including Saket Kumar have been released on bail on the orders of this court as has been stated in parad-13 of the petition. In the aforesaid facts and circumstances of the case, this petition is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No.83 of 2012 arising from Navgachia P.S.Case Mo.98 of 2011. ahk/- (S.N. Hussain, 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.