Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.740 of 2012 ====================================================== 1. Anand Kishore Singh S/O Sri Raghunath Singh R/O Village - Ramnagar, P.S. Gaighat, District - Muzaffarpur .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ====================================================== with Criminal Appeal (SJ) No.762 of 2012 ====================================================== 1. Nawal Kishore Rai @ Nawal Rai S/O Ram Bilas Rai R/O Vill- Durganagar, P.S.-Gayghat, Distt-Muzaffarpur 2. Chandra Kishore Rai S/O Ram Bilas Rai R/O Vill-Durganagar, P.S.- Gayghat, Distt-Muzaffarpur 3. Surendra Singh @ Surendra Prasad Singh S/O Late Sita Ram Singh R/O Vill-Ram Nagar, P.S.-Gayghat, Distt-Muzaffarpur .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 7 11-10-2012 The appellants in these two appeals have been convicted under [STATUTE] and sentenced to undergo rigorous imprisonment for five years. They have further been convicted under [STATUTE] and no separate sentence has been awarded for the same. The case is of the year 1984. Initially, a first information report was registered under [STATUTE] and sections 4/5 of the Explosive Substance Act. Upon conclusion of investigation, the police submitted charge-sheet under [STATUTE] as well as section 4/5 of the Explosive Substance Act. Patna High Court CR. APP (SJ) No.740 of 2012 (7) dt.11-10-2012 2 After taking cognizance of the offence, the case was committed to the court of sessions for trial. The trial court framed charge under [STATUTE] and section 3 of the Explosive Substance Act. On conclusion of trial, the appellants were acquitted of the charges under the Explosive Substance Act and [STATUTE] . It has been contended that they are co-villagers. So far as appellants, Anand Kishore Singh and Surendra Singh are concerned, they were not even sent up for trial. They were summoned to face trial under section 319 of the Cr.P.C. The witnesses such as P.W.1 and P.W.2 while deposing in court have stated that they identified the accused persons by voice. They were all along on bail and has never misused the privilege of bail. Be that as it may, considering the facts and circumstances of the case, let the appellants in both the appeals, named above, during the pendency of the appeal, be released on bail on furnishing bail bonds of Rs.10,000/- each two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Muzaffarpur, in Sessions Trial No.413 of 1988 arising out of Gaighat P.S. Case No.31 of 1984. Md.S./- (Ashwani Kumar Singh, 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.