Case Facts:
Patna High Court Cr.Misc. No.42475 of 2010 (5) dt.09-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42475 of 2010 ====================================================== Chiranti @ Chintu, son of Sohray Paswan, resident of Mainpura, Bavan Toli, P.S.- Patliputra, District – Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER 5 09-05-2012 Heard learned counsel for the petitioner and Mr. Pranab Kumar, A.P.P. for the State. This is the second attempt for bail. Earlier prayer for bail on behalf of the petitioner was rejected by order dated 07.10.2009 (Annexure-1). The offence alleged against the petitioner is under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner has been made accused in this case on the confessional statement of co-accused Mahesh @ Mahesh Kumar @ Bhurwa. It is further submitted on behalf of the petitioner that the F.I.R. is against unknown. However, during investigation, nothing incriminating material has been recovered from his possession. Petitioner is in custody for more than five years and in the trial court after framing the charges on 02.09.2008, the trial has not been proceeded for want of witnesses against whom warrant have been issued. The Patna High Court Cr.Misc. No.42475 of 2010 (5) dt.09-05-2012 supplementary affidavit to the same effect has been filed on behalf of the petitioner after serving a copy to the A.P.P. It is further submitted that co-accused, on whose confessional statement, persons were made accused, have been allowed bail by different orders. Learned counsel for the State is not in a position to refute the submissions made on behalf of the petitioner. Considering the facts and circumstances of the case, petitioner, namely, Chiranti @ Chintu is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge – IV, Patna in connection with Sessions Trial No. 787 of 2008 subject to the conditions : (1) That one of the bailors shall be father of the petitioner who will file an affidavit in the court below stating his relationship with the petitioner. (2) If the petitioner is found involved in the same and similar nature of cases in future in such a situation the informant/prosecution will be at liberty to take steps for cancellation of the bail of the petitioner. (3) The petitioner shall appear in the court below regularly either in person or through representation by his lawyer on each and every dates and if he fails without any cogent reasons, Patna High Court Cr.Misc. No.42475 of 2010 (5) dt.09-05-2012 the court below shall be at liberty to cancel the bail bonds of the petitioner. Jagdish/- (Shailesh Kumar Sinha, J)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, 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.