Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39608 of 2012 ====================================================== Sanni Thathera S/O Budhan Sao Resident Of Village Durga Colony, Shanti Nagar, P.S. Danapur, District Patna. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 02-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Danapur P.S. Case No. 254 of 2012 registered for offence punishable under [STATUTE] as well as Section 25 (1-B) (a), 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that though the petitioner is alleged to have been caught and one loaded countrymade pistol and one live cartridge has been shown to have been recovered from him but, according to him, the same has been implanted by the police. Learned counsel submits that the petitioner is in custody since 12.04.2012. It is further submitted that though the petitioner has been made accused in two other Patna High Court Cr.Misc. No.39608 of 2012 (2) dt.02-11-2012 2 cases but according to him he has been released on bail in the said cases. Learned A.P.P. for the State opposes the prayer for bail and submits that there has been recovery of firearm and cartridge from the possession of the petitioner and thus he does not deserve to be released on bail. Upon hearing learned counsels for the parties and 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 A.C.J.M., Danapur in connection with Danapur P.S. Case No. 254 of 2012. The petitioner shall physically appear before the court below on each and every date. Failure to do so on two consecutive dates, without sufficient cause, shall lead to cancellation of the bail bonds of the petitioner. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.