Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42834 of 2011 Chhote Choudhary @ Mahavir Choudhary S/O Ramasharay Choudhary R/O Village And P.O. Narayanpur, Police Station – Piro, Diostrict - Bhojpur Versus The State Of Bihar ---------------------------------- 2 05.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Piro P.S. Case No. 134 of 2008 for the offence punishable under [STATUTE] . The petitioner is not named in the F.I.R. which has been instituted against unknown. The name of the petitioner has transpired by reason of confessional statement given by one co- accused Lambu Sharma @ Munna Sharma. Learned counsel for the petitioner submits that even while the petitioner has surrendered on 08.08.2011 and the informant claims to identify the accused persons, he has neither been put on T.I. parade nor there has been any recovery from his conscious possession. Learned counsel for the petitioner with reference to certain orders passed by the Bench of this Court placed at Annexure-2 series submits that in similar circumstances the petitioners of the said application have been granted bail. Having heard learned counsel for the parties and having considered the materials on record, let the petitioner namely, Chhote Choudhary @ Mahavir Choudhary be released on bail on furnishing 2 bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 134 of 2008 subject to the condition that the petitioner would ensure his representation before the Court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation before the court below on two consecutive dates without reasonable explanation to the satisfaction of the Court below, would entitle the court below to cancel his bail bond and to take him into custody. Bibhash (Jyoti Saran, 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.