Case Facts:
Patna High Court Cr.Misc. No.30709 of 2012 (2) dt.22-08-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30709 of 2012 ====================================================== Ram Pukar Rai son of Shivjee Rai, R/o Village Mehsauth, P.S. Nanpur, District Sitamarhi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh-I, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 22.8.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] and ¾ Explosive Substance Act. The petitioner was refused bail by an order dated 5.1.2010 on the ground that he had been identified in the Test Identification Parade by two witnesses. The prayer for bail has been renewed on the ground that the two witnesses, who had identified the petitioner, have now been examined during trial and none of them have named any accused or claimed to have identified them. Considering the same as also that the petitioner has fair antecedents, let the petitioner above named, be Patna High Court Cr.Misc. No.30709 of 2012 (2) dt.22-08-2012 2 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 Sessions Judge, F.T.C. No.1, Muzaffarpur in connection with Sessions Trial No.670 of 2010 arising out of Katra P.S. Case No. 83 of 2009, subject to the conditions (i) That one of the bailor shall be Vijay Kumar Rai, cousin of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit 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 shall be physically present on each date during trial and if he fails Patna High Court Cr.Misc. No.30709 of 2012 (2) dt.22-08-2012 3 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.