Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39525 of 2012 ====================================================== Chhotu Prince @ Prince S/O Sunil Pd. R/O Choudhary Tola, Near Petrol Pump, P.S. Sultanganj, District Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Chowk P.S. Case No. 23 of 2012 registered for offence punishable under [STATUTE] and Sections 25 (1- B) (a)/26/35 of the Arms Act. Learned counsel for the petitioner submits that he is in custody since 13.04.2012. The recovery from him has been of one loaded countrymade pistol, one live cartridge as well as other articles including cash. It is alleged that arrest was made on secret information and while the accused were making plan to commit dacoity. Learned counsel submits that six persons, including the petitioner, were caught from the spot and from all of them Patna High Court Cr.Misc. No.39525 of 2012 (2) dt.01-11-2012 2 firearms and other materials have been recovered. Learned counsel submits that the petitioner was not involved in any case prior to the date on which he was arrested in the present case and only later on he has been made an accused in three other cases which are also lodged against unknown persons and in which he has been granted bail. Learned counsel has also produced before this Court web copies of order dated 19.10.2012 in Cr. Misc. No. 39738 of 2012 by which a similarly situated co-accused namely, Ravi Singh @ Ravi Mod has been granted bail by a co-ordinate bench of this Court as well as order dated 12.10.2012 passed in Cr. Misc. No. 38077 of 2012 by which also a co-ordinate bench of this Court has granted bail to another similarly situated co-accused namely, Sonu Kumar @ Amit Kumar Soni. Let the same be kept on record. Learned A.P.P. for the State, on the other hand, opposes the prayer for bail and submits that there has been recovery from the possession of the petitioner and thus he 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 upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Patna High Court Cr.Misc. No.39525 of 2012 (2) dt.01-11-2012 3 Magistrate, Patna City, Patna in connection with Chowk P.S. Case No. 23 of 2012. One of the bailors shall be the father of the petitioner. Both the bailor and the petitioner shall execute a bond of good behaviour and the petitioner shall also give an undertaking that he shall not indulge in any criminal activity. Upon violation of any condition of the bond and the undertaking, the court shall proceed to cancel the bail bonds of the petitioner. Anjani/- (Ahsanuddin Amanullah, 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.