Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32971 of 2011 ====================================================== 1. Sabeet Kumar @ Sabeeta Yadav @ Sabit Yadav S/O Late Heera Yadav R/O Mohalla - Retu Bigha, P.S. Dalmia Nagar, District – Rohtas. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3. 01-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Karakat P.S.Case No.166 of 2010 (Sessions Trial No.22 of 2012) for offence punishable under [STATUTE] . The allegation against the petitioner and some others is of looting a truck which was recovered and seized from East Basusriya O.P. Dhanbad. The name of the petitioner has transpired by reason of confessional statement made by some of the co- accused. Learned counsel for the petitioner submits that though the petitioner was arrested on the basis of a confessional statement of Patna High Court Cr.Misc. No.32971 of 2011 (3) dt.01-02-2012 2 co-accused on 9.5.2011, but he has not been put on test identification parade for identification by the driver and khalasi of the truck on whose information the case in question was instituted. He further, with reference to the order passed in Cr.Misc.No.20318 of 2011 and Cr.Misc.No.18268 of 2011, submits that some of the similarly placed co-accused have been granted bail by this court. Regard being had to the submission of the learned counsel, let the petitioner Sabeet Yadav alias Sabeeta Yadav alias Sabeet Kumar be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, F.T.C. No.IV, Rohtas at Sasaram in connection with Karakat P.S. Case No.166 of 2010 (Sessions Trial No.22 of 2012), subject to the condition that the petitioner shall ensure his representation in the trial on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial, would entitle the trial court to cancel his bail bond and to take him into custody. ahk/- (Jyoti Saran, 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.