Case Facts:
Patna High Court Cr.Misc. No.48980 of 2012 (2) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48980 of 2012 ====================================================== Sravan Kumar @ Sharwan Kumar Rai S/o Deo Pujan Rai, resident of New Bangali Tola, Devi Asthan, P.S. Jakkanpur, Distt. Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 18-12-2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] and 25(1-b)a, 26, 35 of the Arms Act. Considering that the Petitioner is in custody since 11.8.2012 for recovery of two cartridges and there is only one other case pending against him, which arises out of land dispute, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. Case No.203 of 2012, subject to the conditions (i) That one of the bailor shall be Manoj Kumar, cousin (Mamera Bhai) of the Petitioner and the other bailor will be a close relative of the petitioner who will give an Patna High Court Cr.Misc. No.48980 of 2012 (2) dt.18-12-2012 affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner has only one other case besides the present one will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/- (Anjana Prakash, 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.