Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 47999 of 2012 ====================================================== 1. Kishan Kumar Son of Dharmendra Yadav, resident of Village - Naya Tola, Jorabganj, P.S. Korha, District – Katihar. 2. Amit Kumar Yadav Son of Late Dilip Yadav resident of Village - Naya Tola, Jorabganj, P.S. Korha, District – Katihar. 3. Shakti Kumar Son of Kishori Yadav resident of Village - Naya Tola, Jorabganj, P.S. Korha, District – Katihar. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 17-12-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners are in custody in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 373 of 2012 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that though the allegation is that the petitioners were caught along with a motorcycle and are said to have been planning to commit dacoity but the same is false as the only recovery shown is of cash of Rs. 3,000/- , a Chinese mobile, Nokia Mobile, one steel scissor and one Hero Honda Motorcycle without number plate. It is submitted that the petitioners are Patna High Court Cr.Misc. No.47999 of 2012 (2) dt.17-12-2012 2 / 2 2 not connected to that motorcycle and since they were arrested nearby the police have falsely stated that they were riding the motorcycle. Learned counsel further submits that the whole allegation is falsified by the fact that if the petitioners were planning to commit dacoity then it is surprisingly and unbelievable that they would not have any weapon with them so as to commit the said crime. Learned counsel also submits that the petitioners have no criminal antecedent and are in custody since 21.07.2012. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioners were planning to commit dacoity and thus they do not deserve the privilege of bail. Upon considering the submissions of 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria (Chitragupta Nagar) P.S. Case No. 373 of 2012. Anand Kr. (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 399

Statute Text:
Section 399 of the Indian Penal Code. Making preparation to commit Dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.