Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1469 of 2012 Sheo Shankar Bhagat, Son of Late Jamadar Bhagat, R/O Vill- Tikuliya, P.S.-Pipra, District-E. Champaran. …..Petitioner. Versus The State of Bihar …..Opposite Party. For the Petitioner : Mr. Kumar Alok, Advocate. For the State : APP. ---------------------------------- 02/ 11.01.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case which has been registered under [STATUTE] against the Driver and Khalasi of the Truck bearing number HR 38 L-9561 and four others. Submission is that the petitioner is not named in the First Information Report and his name has come during investigation in the confessional statement of Shankar Choudhary who was Khalasi of Truck bearing number HR 38 M-0362 and Santosh Kumar Pandey who is Khalasi of Truck No. HR 38 L-9561. The petitioner is a mason and he was outside of the State in connection with his livelihood. It has also been submitted that though the petitioner is in custody since 29.08.2011 but still he has not been put on Test Identification Parade. Further submission is 2 that other accused persons Laxmi Narain Bhagat, Ram Swaroop Bhagat @ Takalu Bhagat and Jitendra Patel have been admitted to bail by three different orders of this Court. Considering the facts and circumstances of the case, the above named petitioner 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 the learned Chief Judicial Magistrate/court concerned, Motihari (East Champaran) in connection with Pipra P.S. Case No. 114 of 2010. kksinha/- (Shyam Kishore Sharma, J.)

Applicable IPC Section: 397

Statute Text:
Section 397 of the Indian Penal Code. Robber or Dacoity, with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.