Case Facts:
Patna High Court Cr.Misc. No.30079 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30079 of 2011 ====================================================== Jai Prakash Sah @ Prakash Sah @ Jai Prakash, son of late Ram Sah, resident of village-Mirzapur, P.S. Banka, District-Banka .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 03. 24-01-2012 Heard learned counsel appearing on behalf of the parties. The petitioner is in custody in connection with S.T. No. 741 of 2010 arising from Banka P.S. Case No. 440 of 2009 for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that for the allegation of attempted armed dacoity, the petitioner has remained in custody since 16.10.2009, having been remanded from another case instituted on the same day giving rise to Banka P.S. Case No. 441 of 2009. He further submits that some of the accused persons who are similarly placed have since been granted bail by a bench of this Court. Taking into consideration the submission of learned counsel, let the petitioner Jai Prakash Sah @ Prakash Sah @ jai Prakash be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Patna High Court Cr.Misc. No.30079 of 2011 (3) dt.24-01-2012 Judge, F.T.C.-IV, Banka in connection with S. T. No. 741 of 2010 arising from Banka P.S. Case no. 440 of 2009 subject to the following conditions: (i) That one of the bailors shall be the father/wife/brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be Patna High Court Cr.Misc. No.30079 of 2011 (3) dt.24-01-2012 cancelled. In view of the nature of allegations, the petitioner is directed to appear before the Superintendent of Police, Banka within fifteen days of his release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Sb/- (Jyoti Saran, J.)

Applicable IPC Section: 398

Statute Text:
Section 398 of the Indian Penal Code. Attempt to commit robbery or Dacoity when armed with deadly weapons. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.