Case Facts:
Patna High Court Cr.Misc. No.26003 of 2011 (6) dt.10-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26003 of 2011 ====================================================== Maksudan Das, son of Dularchand Das, resident of Village- Gangaul, P.S. Singhwara, District- Darbhanga (Bihar). .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.30894 of 2011 ====================================================== Kailash Das, son of Budhi Das, resident of Village- Gangol, P.S. Singhwara, District- Darbhanga. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 10-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. Both the bail petitions have heard together and disposed of by common order as both the cases arises out of same p.s. case i.e. Bisfi P.S. Case No. 288 of 2010 registered under [STATUTE] . F.I.R. against unknown. Only material against these petitioners is that some alleged looted articles were recovered from the possession of the petitioners. Learned counsel for the petitioners further submitted that alleged looted articles belonging to wife of brother-in-law of petitioner Maksudan Das and alleged looted articles have not been put on T.I. Parade to hold that seized articles to be looted articles. It has further been contended that in para 69 of the case diary these petitioners were using looted mobile and its SIM Card of one Patna High Court Cr.Misc. No.26003 of 2011 (6) dt.10-07-2012 Indrasan Devi for a single day on 07. 01. 2011. It is also submitted that no recovery has been made from the possession of the petitioners. The petitioner Maksudan Das was in jail custody since 03. 02. 2011 and has one case in his credit under [STATUTE] . in the year 1998. The petitioner Kailash Das was in jail custody since 24. 01. 2011. The petitioners have also not put on T.I. Parade. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Bisfi P.S. Case No. 288 of 2010, subject to condition petitioners shall appear on each and every date fixed in this case and any absence of the petitioners shall be subject to satisfaction of the court below on reasonable ground. Further condition is that any absence of the petitioners on two consecutive dates shall be ground for cancellation of bail bond of the petitioners by the trial court itself. m.p. (Gopal Prasad, J)

Applicable IPC Section: 397

Statute Text:
Section 397 of the Indian Penal Code. Robber or Dacoity, with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.