Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16530 of 2012 ====================================================== Kishan Kumar, Son of Mewalal Sardar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.16535 of 2012 ====================================================== Vikash Kumar @ Barun @ Warun, Son of Rajnandan Thakur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 03-05-2012 Since both the applications arising out of one case are taken up together and being disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners seek bail in a case registered under [STATUTE] and 25(1- b)A/26/35 Arms Act, are named accused in this case on being apprehended from a house during police raid conducted on getting some confidential information and from the room some arms and ammunitions with explosive substance etc. were recovered. Submission is of false implication and they are in custody since 17.07.2011 and under almost similarly situated circumstance, other co- accused persons have already been released on bail by different orders of other Benches of this Court. Having regard to the facts and circumstances of the case, the Patna High Court Cr.Misc. No.16530 of 2012 (2) dt.03-05-2012 2 / 2 2 petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No. 682 of 2011 arising out of Raxaul P.S. Case No. 136 of 2011, subject to condition to attend the court regularly on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 400

Statute Text:
Section 400 of the Indian Penal Code. Belonging to a gang of persons associated for the purpose of habitually committing Dacoity. Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing 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.