Case Facts:
Patna High Court Cr.Misc. No.19180 of 2012 (2) dt.29-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19180 of 2012 ====================================================== Birbal Dome, S/O Sarju Dome @ Surajmal Dome, resident of Village- Oub, P.S.- Obra, District- Aurangabad .... .... 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 29-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Daudnagar P.S. Case No. 53 of 2011 dated 04.05.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that he has been falsely implicated as he was not named in the F.I.R. It is further submitted that only on the basis of confessional statement of one Amarnath Paswan, who himself was not named, the petitioner has been made an accused. Learned counsel submits that there is no role assigned to him other than what has been assigned to all the other co-accused. Learned counsel further refers to paragraph-6 of the petition in which he has stated that Amarnath Patna High Court Cr.Misc. No.19180 of 2012 (2) dt.29-05-2012 Paswan has already been granted bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 33262 of 2011 on 23.11.2011. The petitioner is in custody since 08.06.2011. Learned A.P.P. for the State, on the other hand, submits that it is a case of dacoity in which co-accused has taken the name of the petitioner and thus he ought not to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner 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 A.D.J.- II, Aurangabad in Sessions Trial No. 330 of 2011 arising out of Daudnagar P.S. Case No. 53 of 2011. This application, accordingly, stands disposed off. Md. Ibrarul/- (Ahsanuddin Amanullah, 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.