Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17308 of 2012 ====================================================== Prashant Mishra, son of Bipin Mishra, resident of village-Hasanpur, P.S.- Muffasil, District-Munger. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 25-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case registered under [STATUTE] and 25(1-b)A, 26 and 35 of the Arms Act. It is stated that co-accused Krishnandan Yadav @ Yugal Yadav @ Khukan, Balmiki Yadav, Chanchal Yadav and Anuranjan Yadav @ Jhallu Yadav, who had been apprehended by the police in connection with the present case and upon whose confessional statements, the name of the petitioner transpired have already been granted bail by orders passed in Cr. Misc. No. 26147 of 2010, Cr. Misc. No. 30102 of 2010, Cr. Misc. No. 35478 of 2010 and Cr. Misc. No. 35828 of 2010 respectively by this Court. The petitioner was neither arrested on the spot nor anything has been recovered from his possession. He was remanded in this case on 9.11.2011 and since then, he is in jail. Considering the aforesaid facts, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each Patna High Court Cr.Misc. No.17308 of 2012 (2) dt.25-04-2012 2 / 2 2 in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Additional District Judge / F.T.C.-III, Munger in connection with S.T. No. 153 of 2012 arising out of Muffasil P.S. Case No. 38 of 2010 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.