Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19635 of 2012 ====================================================== 1. Subhash Giri, S/O Sri Mahadeva Nand Giri, R/O Village- Barnaw Ke Dakhen Mathiya, P.S.- Ayar, District- Bhojpur. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 22-05-2012 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in Ara Nawada P.S. Case No.399 of 2011 registered for the offence punishable under [STATUTE] . and Sections 25 (1-B) A, 26, 35 of the Arms Act. It is submitted that allegation against the petitioner is to have found in possession of the country made loaded pistol. It is further submitted that the petitioner has been in custody since 21.09.2011. It is further submitted that the co-accused Bachaha Lal Yadav, from whose possession, one loaded pistol and one magazine containing three live cartridges were recovered, has been granted bail vide Cr. Misc. No.2858 of 2010 by a Bench of this Court and the case of the petitioner is on better footing. Learned counsel for the State could not controvert the Patna High Court Cr.Misc. No.19635 of 2012 (2) dt.22-05-2012 2 contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No.344 of 2011 arising out of Ara Nawada P.S. Case No.399 of 2011 with the following conditions : 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will be well represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. V.K. Pandey/- (Amaresh Kumar Lal, 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.