Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15322 of 2012 ====================================================== 1. Binod Thakur S/O Late Chandrika Thakur Resident Of Village- Sugga Pipar, P.S.- Patahi, District- East Champaran. 2. Brij Kishore Sharma S/O Binod Thakur Resident Of Village- Sugga Pipar, P.S.- Patahi, District- East Champaran. .... .... 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 3 28-05-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Riga P.S. Case No. 03 of 2012 dated 09.01.2012 registered for offence under [STATUTE] . Learned counsel for the petitioners submits that they are father and son and have been implicated in the case only due to the fact that the SIM which has been recovered from the son i.e., petitioner no. 2 was used by co-accused for calling. It is submitted that the petitioners are father and son and thus it cannot be expected that father and son would commit the offence in the manner alleged. It is further submitted that besides this tenuous Patna High Court Cr.Misc. No.15322 of 2012 (3) dt.28-05-2012 2 allegation, nothing else has come which would connect the petitioners to the incident. The antecedent of the petitioners is also clean. Learned A.P.P. for the State submits that the petitioner no. 2 did call the co-accused and thus he is also an accused which fact cannot be negated. With regard to the petitioner no. 1, it is submitted that as father he was aware of the role of petitioner no. 2 in the whole incident. Considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 03 of 2012. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, 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.