Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15880 of 2012 ===================================================== Lalu Yadav, son of Late Gopal Yadav, resident of Village-Pratapur, P.S. Goh, District-Aurangabad. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 3 24-05-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in Gaya Rail P.S. Case No.95 of 2009 registered under [STATUTE] . Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. and the name of the petitioner has come in the confessional statement of the co- accused. It has also been submitted that while the informant has claimed to have identified the miscreants but the petitioner has not been put on T.I. Parade although he is in custody since 19.2.2012. Learned counsel for the petitioner further submitted that it has only come in paragraph-68 of the case diary that the alleged looted mobile set was being used inserting the SIM, which is in the name of mother and father of the petitioner. Patna High Court Cr.Misc. No.15880 of 2012 (3) dt.24-05-2012 2 / 2 2 On the other hand, learned A.P.P. for the State, while opposing the prayer for bail of the petitioner, conceded that the name of the petitioner has come in the confessional statement of the co-accused and it has only come in paragraph-68 of the case diary that the alleged looted mobile set was being used inserting the SIM, which is in the name of mother and father of the petitioner. Having regard to the facts and the circumstances of the case, the petitioner abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Gaya, in connection with Gaya Rail P.S. Case No.95 of 2009. Out of the two sureties, one of the sureties must be family member or close relative of the petitioner. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity 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.