Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16487 of 2012 ====================================================== Chhotu Dubey @ Nand Kishore Dubey@Chhote Dubey S/O Bachchu Dubey R/O Mohalla-Koat Bazar, Ring Bandh, P.S.-Sitamarhi, Distt- Sitamarhi .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 07-05-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner, besides being accused under [STATUTE] besides Arms Act, is one of the named accused and apprehended by making unsuccessful attempt to escape with one country made pistol and two cartridges along with others who also have been arrested. Submission is that the petitioner has been falsely implicated in this case and petitioner, though has some criminal antecedent, but is on bail in all such cases and he is in custody for more than a year. Having regard to the facts and circumstances, the petitioner is directed to be enlarged on bail on furnishing bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- cum- Fast Track Court No.III, Sitamarhi, in S. Tr. No. 293 of 2011 2 arising out of Sitamarhi P.S. Case no. 174 of 2011 with the condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. In case of failure to attend the court, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. A.Ahmad/- (Akhilesh Chandra, 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.