Case Facts:
Patna High Court Cr.Misc. No.3209 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3209 of 2012 ====================================================== Md. Sami, S/o Md. Mustaqua. Resident of Pachim Darwaza, P.S. Alamganj, District- Patna. At present 47, Makhanpur, Maharajganj, Idagab Road, Kurmi Tola, Patan Devi at Paschim Darwaza, P.S. Alamganj, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD) 2 23-01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Patna G.R.P. Case No. 394 of 2011, registered for offence under [STATUTE] . The only allegation against the petitioner is the recovery of four pieces of caesarian blades, screw driver and bunch of keys from possession of the petitioner. It is submitted that there is no criminal antecedent against the petitioner as stated in para 12 of the bail petition and he cannot be said to have habitual offence. The petitioner is in custody since 30. 09. 2011. Under the facts and circumstance of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two Patna High Court Cr.Misc. No.3209 of 2012 (2) dt.23-01-2012 sureties of the like amount each to the satisfaction Railway Judicial Magistrate, Patna, in connection with Patna G.R.P. P.S. Case No. 394 of 2011, subject to the condition that he will hazri in the nearest police station once in a week. m.p. (Gopal Prasad, 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.