Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7386 of 2012 ====================================================== Santosh Roy @ Santosh Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8060 of 2012 ====================================================== Chhote Choudhary @ Chhotu Choudhary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-03-2012 Heard learned counsels for the petitioner and the State. The petitioners are languishing in custody in a case registered for the offence punishable under [STATUTE] and Section 25(1-b)a, 26 and 35 of the Arms Act and Sections 3, 4 and 5 of the Explosive Substances Act. Two accused were apprehended, from whom the recovery of arms and ammunitions were made. The apprehended Patna High Court Cr.Misc. No.7386 of 2012 (2) dt.07-03-2012 2 / 2 2 accused persons named these petitioners. A statement has been made that petitioner Santosh Roy has no criminal antecedent whereas the petitioner Chhote Choudhary is involved in two other cases. Considering the fact that there is no recovery from the petitioners, let the above named petitioners be released on bail, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Patna City in connection with Fatuha P.S. Case No. 150 of 2010. Considering the criminal antecedent of the petitioner Chhote Choudhary, learned court below will be at liberty to cancel the bail of the petitioner Chhote Choudhary if the he gets involved in similar nature of offence or he defaults for three consecutive occasions. Amrendra/- (Dinesh Kumar Singh, 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.