Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39579 of 2012 ====================================================== Umakant Dubey @ Baba, son of late Jagdish Dubey, resident of village- Dihra Jhumar, P.S.-Barun, District- Aurangabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 02-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Mehandia P.S. Case No. 106 of 2011 registered for offence punishable under [STATUTE] . As per the prosecution story, four unknown miscreants are alleged to have entered into the bank and looted Rs. 3.17 lakhs at gun point. Learned counsel for the petitioner submits that he is not named in the First Information Report and has no criminal antecedent and has been falsely implicated in the case. It is further submitted that there has been no recovery from the possession of the petitioner and he has also not been put on Test Identification Parade. Learned counsel submits that he has been made accused only on the basis of a confessional statement of another co- Patna High Court Cr.Misc. No.39579 of 2012 (2) dt.02-11-2012 2 / 2 2 accused namely Kundan Mahto. Learned counsel has drawn the attention of the Court to order dated 06.09.2012 passed in Cr. Misc. No. 23267 of 2012 (Annexure-2) by which a co-ordinate Bench of this Court has granted bail to Kundan Mahto. Learned counsel has also produced a web copy of order dated 14-03-2012 passed in Cr. Misc. No. 11046 of 2012 by which a co-ordinate Bench of this Court has also granted bail to another co-accused namely, Satendra Verma @ Fetch Narayan Verma. Let the same be kept on record. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is involved in the commission of such crime and thus does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Mehandia P.S. Case No. 106 of 2011. Sujit/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.