Case Facts:
Patna High Court Cr.Misc. No.7644 of 2011 (2) dt.03-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7644 of 2011 ====================================================== Firoz Mian .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Kant Shukla, Adv. Mr. Rajesh Ranjan No.1,Adv. For the Opposite Party/s : Mr. Binod Kumar No.3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 03-05-2012 In this case, petitioner is challenging the order dated 26th November 2010 passed in Cr. Revn.No. 655 of 2010/ 82 of 2010. Counsel for the petitioner submits that the petitioner was looted which led to filing of Mohammadpr P.S.Case No. 67 of 2010 [STATUTE] money was recovered. Police has found that the money belongs to the petitioner and the Sessions Court while passing the order has said that the balance is in favour of informant but due to pendency of trial, he refused to release the money. The trial court has committed error of law. If the money belongs to the informant, then the court below ought to have passed the order for release of money after taking proper surety from the informant and also an undertaking that whenever the court will demand, the petitioner will produce the said amount. In this view of the mater, this petition is allowed and the order impugned is quashed with the directions to pass fresh order in accordance with law. Jay/- (Shivaji Pandey, 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.