Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48154 of 2012 ====================================================== Md. Barique, son of Mir Ashab, resident of village Basantpur, Ward No.26, P.S. and District Araria .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 06-12-2012 Heard counsel for the petitioner and the counsel for the State. The petitioner, an accused under [STATUTE] , has a defence that he has been falsely implicated by the police, inasmuch as the alleged stolen motorcycle has not been recovered from his conscious possession. He has also highlighted that the petitioner has got no criminal antecedent. From a perusal of the seizure list, as contained in Annexure 2, it is apparent that the motorcycle in question was parked near a petrol pump and the police has not claimed the same to have been recovered from the conscious possession of the petitioner. The petitioner has also not been put on Test Identification Parade despite the fact that the informant in his F.I.R. to have claimed to identify the person who had snatched his motorcycle. Patna High Court Cr.Misc. No.48154 of 2012 (2) dt.06-12-2012 2 Considering all these aspects, this Court is inclined to grant bail to the petitioner. Accordingly, this Court would direct for release of the petitioner, Md. Barique, on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Araria in Araria P.S.Case No. 294/2012, subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for bail of the petitioner is allowed. surendra/- (Mihir Kumar Jha, 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.