Case Facts:
Patna High Court Cr.Misc. No.35957 of 2012 (2) dt.15-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35957 of 2012 ====================================================== Pathal Sahni, son of Late Chana Sahni, R/O Village- Maksudan Pakari, Police Station- Lalganj, District- Vaishali .... .... 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 15-10-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Bhagwanpur P.S. Case No. 188 of 2011, G.R. No. 4752 of 2011, Tr. No. 5341 of 2012 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the allegation is with regard to theft of idol. It is further submitted that similarly situated co-accused namely Pintu @ Gorakh and Shrawan Das have been granted bail by this Court in Cr. Misc. No. 22521 of 2012 on 22.06.2012. Learned counsel submits that though the F.I.R. was against unknown but only in the course of investigation it is alleged that the name of the petitioner also Patna High Court Cr.Misc. No.35957 of 2012 (2) dt.15-10-2012 transpired. Learned counsel has also pointed out the fact that the petitioner was also an accused in Lalganj P.S. Case No. 10 of 2012 in which he has been granted bail by the High Court. It is stated that the petitioner is in custody since 16.02.2012. It is submitted that the petitioner has not been put on Test Identification Parade. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner has stolen the idol from the temple and thus he does not deserve to be released on bail. 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 Chief Judicial Magistrate, Vaishali at Hajipur in Bhagwanpur P.S. Case No. 188 of 2011. Md. Ibrarul/- (Ahsanuddin Amanullah, 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.