Case Facts:
Patna High Court Cr.Misc. No.46586 of 2012 (2) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 46586 of 2012 ====================================================== Monu Yadav @ Manu Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 05-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] , Sections 25(1-b)(a), 26 and 35 of the Arms Act with regard to recovery of one country made pistol loaded with two cartridges. The petitioner is in jail custody since 21.04.2012. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has no criminal antecedent. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P. S. Case No. 78 of 2012, Patna High Court Cr.Misc. No.46586 of 2012 (2) dt.05-12-2012 corresponding to G. R. No. 1290 of 2012, subject to the condition that one of the bailors shall be the near relative of the petitioner who will file affidavit to the effect that the petitioner has no criminal antecedent which fact should be verified by the learned court below and thereafter the petitioner be released on bail. Kundan/- (Gopal Prasad, J.)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.