Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17039 of 2012 ====================================================== Chandrabali Mahto son of Shiv Ghulam Mahto, resident of Village-Dhatha, P.S.-Rosera, District-Samastipur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 24-05-2012 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of State. The petitioner is an accused in a case registered for the offence punishable under [STATUTE] . Learned counsel appearing on behalf of petitioner submits that the petitioner is not named in the First Information Report and his name has come in the confessional statement of co- accused, Rajesh Mahto, who is named in the First Information Report and who has only stated that after looting the vehicle, the same was handed over to the petitioner but nothing has been recovered form the possession of the petitioner. It has also been submitted that co-accused, Rajesh Mahto, has been allowed bail by this Court on 02.12.2010, vide Criminal Miscellaneous No. 20697 of 2010 and the petitioner is in custody since 06.01.2012. Patna High Court Cr.Misc. No.17039 of 2012 (3) dt.24-05-2012 2/2 Learned A.P.P. appearing on behalf of State while opposing the prayer for bail of the petitioner but conceded that the name of the petitioner has come in the confessional statement of co-accused, Rajesh Mahto, except that there is nothing against the petitioner in the case diary. Considering the aforesaid facts, let the above named petitioner, be released on bail, on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 295 of 2009. Out of two sureties, one of the sureties must be either one of the parents or close relative of the petitioner. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.