Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23384 of 2012 ====================================================== 1.Md. Sarfaraj @ Sarfaraz, Son of Sabir. 2.Azad, Son of Late Nazir @ Natiwa. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 05-07-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] . In this case, instituted against unknown, petitioners name emerged during investigation in the extra judicial confession of co-apprehended suspect. Submission is of false implication and nothing was recovered from the possession of the petitioners nor they have ever put on test identification parade and petitioner no. 1 carries no criminal antecedent, whereas, petitioner no. 2 has single case against him. If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 442/2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.