Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19281 of 2012 ====================================================== 1. Vansraj Kumar, son of Jagmal Sah, resident of Vill. Kesar, P.S. Madanpur, Distt. Aurangabad. 2. Saizad Ansary @ Saiyad Ansari, son of Sallauddin Ansari, resident of Mohalla Chtapar, P.S. Murgumanda (Kora), Distt. Deoghar, Jharkhand. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 29-05-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Patna G.R.P. P.S. Case No. 29 of 2012 dated 06.02.2012 registered for offence under [STATUTE] . Learned counsel for the petitioners submits that as per the F.I.R. they are alleged to be planning to commit pick-pocketing and were caught with screw driver, blade and a bunch of keys in their possession. Learned counsel submits that it is only surmises and conjectures due to which the petitioners have been made accused and they have not been caught doing any overt act. The petitioners are in custody since 07.02.2012. Patna High Court Cr.Misc. No.19281 of 2012 (2) dt.29-05-2012 2 Learned A.P.P. for the State submits that the recovery of screw driver, blade and a bunch of keys shows that the petitioners were in the habit of committing pick-pocketing and theft. Considering the facts and circumstances of the case and upon hearing learned counsel for the parties, let the abovenamed petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Patna in connection with Patna G.R.P. P.S. Case No. 29 of 2012. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 401

Statute Text:
Section 401 of the Indian Penal Code. Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.