Case Facts:
Patna High Court Cr.Misc. No.37366 of 2012 (3) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37366 of 2012 ====================================================== 1. Mukesh Ram 2. Rakesh Ram both S/O Bateshar Ram .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 12-12-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 15.07.2012 in a case registered under [STATUTE] . Although, petitioners are named in the first information report and informant claimed to have identified them committing the alleged crime but the report of Superintendent of Police, Vaishali shows that petitioners do not have any criminal antecedent and admittedly, neither petitioners were caught at the spot nor anything was recovered from their conscious possession. Learned counsel for the petitioners submits that as a matter of fact father of petitioners runs a toddy shop near the land of the informant of the present case and there was some dispute between father of petitioners as well as informant and taking the Patna High Court Cr.Misc. No.37366 of 2012 (3) dt.12-12-2012 advantage of the alleged dacoity the informant implicated the petitioners in the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 193 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, 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.