Case Facts:
Patna High Court Cr.Misc. No.16083 of 2012 (3) dt.02-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16083 of 2012 ====================================================== Raushan Kumar@Sumit Kumar, son of Prabhu Rai, resident of Mohalla- Mahavir Colony, Saristabad, P.S. Beur, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Malsalami P.S. Case No. 40 of 2010, registered under [STATUTE] later on converted into [STATUTE] . The petitioner has not been named in the First Information Report. However, during investigation one tripal, rope and mobile has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that mobile recovered has not been tally with looted mobile rather mobile recovered from one co-accused Mantosh Kumar as apparent from para 53 of the case diary has been granted bail by this Court in Cr. Misc. No. 15740 of 2011. However, there is no T.I. Parade of Patna High Court Cr.Misc. No.16083 of 2012 (3) dt.02-07-2012 alleged recovery of tripal from the possession of the petitioner to connect involvement in this case. However, it is stated in para 125 the seizure list that number plate of Truck No. UP 78BN 6107 has been recovered from the possession of this petitioner. The petitioner is in jail custody since 12. 04. 2010. However, the matter concerned with looted truck and murder of driver and khalasi of the aforesaid truck. Earlier the case has been instituted for offence under [STATUTE] . Subsequently during investigation it was found that driver and khalasi of looted truck were murdered. Taking into consideration the nature of crime and recovery of number plate, I am not inclined to grant bail to this petitioner at this stage. However, the trial of the case is ordered to be expedited and the petitioner may renew his prayer for bail after framing of the charge. m.p. (Gopal Prasad, J)

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.