Case Facts:
Patna High Court Cr.Misc. No.20468 of 2012 (2) dt.31-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20468 of 2012 ====================================================== Lal Babu Bhandari, S/O Jogi Bhandari, R/O Village- Bijalwa, P.S.- Goushala, District- Sarlahi, Nepal, at present residing at Mahaveer Chowk, Ward No.-5, P.S.- Dumra , District- Sitamarhi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 31-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Sitamarhi P.S. Case No. 170 of 2011 dated 12.03.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that though the F.I.R. is against four unknown persons but six persons, as of now, have been implicated in this case. Learned counsel for the petitioner submits that the petitioner is in custody since 09.05.2011 and has been implicated on the basis of confessional statement of Chhotu Dubey both in the present case and in another case on the basis of the confession of the same Chhotu Dubey. Besides the two cases he has no other criminal antecedent. Even in Patna High Court Cr.Misc. No.20468 of 2012 (2) dt.31-05-2012 2 the said confessional statement the only allegation was that the petitioner was also present at the place of occurrence. It is submitted that there has been no recovery from the petitioner and also no Test Identification Parade has been held. It is submitted that by order dated 04.04.2012 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 44456 of 2011 by which two co-accused namely Subodh Paswan and Sajjan Kumar have been granted bail. It is further submitted that another co-accused namely Md. Saddam has been granted bail by the lower court itself. Learned A.P.P. for the State, on the other hand, opposes the prayer for bail and submits that the petitioner having been named by a co-accused and said to be an accomplice, ought not to be shown indulgence. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. 1, Sitamarhi in Sessions Trial No. 419 of 2011 arising out of Sitamarhi P.S. Case No. 170 of 2011. Patna High Court Cr.Misc. No.20468 of 2012 (2) dt.31-05-2012 3 This application, accordingly, stands disposed off. Md. Ibrarul/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.