Case Facts:
Patna High Court Cr.Misc. No.8951 of 2012 (2) dt.06-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8951 of 2012 ====================================================== Mukesh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.03.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 5.10.2011 in a case registered under [STATUTE] . The contention of learned counsel for the petitioner is that for the alleged occurrence, two cases were registered. First case was registered under [STATUTE] whereas second case was registered under various sections of Arms Act. So far as, petitioner is concerned, it is alleged that one loaded country made pistol and one live cartridge were recovered from his conscious possession. It is further contended by him that the petitioner does not have any criminal antecedent which has specifically been averred at para 8 of this petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Mukesh Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Patna in Jehanabad Rail P.S. Case no. 48/2011. Shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.