Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17507 of 2012 ====================================================== Md. Orooj Hasan @ Guddu @ Md. Orooj, son of Md. Majeed Hasan, resident of village-Jitwarpur Chauth, P.S.-Mufassil, District-Samastipur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner has been made accused in a case registered under [STATUTE] as well as 25(1-b)a, 26 and 35 of the Arms Act. It is submitted that the petitioner is a bona fide licensee of D.B.B.L. gun no. 1146-C/3-83 and his license no. is 1781/94. He was apprehended on a false accusation of possessing cartridges while he was returning after meeting Md. Anzar, an Ex-Mukhiya. The contention is that the cartridges recovered from the petitioner were bona fide and being a licensee, he could not have been prosecuted in the case. Be that as it may, considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned A.C.J.M., Dalsingh Sarai, Patna High Court Cr.Misc. No.17507 of 2012 (2) dt.26-04-2012 2 / 2 2 / 2 2 Samastipur in connection with Angarghat P.S. Case No. 18 of 2012 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.