Case Facts:
Patna High Court Cr.Misc. No.611 of 2012 (2) dt.08-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.611 of 2012 ====================================================== Rakesh Kumar son of Late Shashi Bhushan Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Nitya Nand, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 8.2.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] . The petitioner was refused bail by orders dated 31.3.2010, 18.8.2010 and 29.6.2011 since he was circumstantially linked with the present occurrence. The submission is that subsequently co-accused similarly placed have been granted bail by this Court. The specific assertion is that the petitioner has fair antecedents. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Rani Talab P.S. Case No.85 of 2009, subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit Patna High Court Cr.Misc. No.611 of 2012 (2) dt.08-02-2012 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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, (iv) That the petitioner will be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. Narendra/ ( Anjana Prakash, 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.