Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44980 of 2011 ====================================================== Kali Yadav @ Kaliya, S/o Tezo Yadav R/o Vill.- Banjama, P.S.-Jhajha, Dist.-Jamui .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 10-02-2012 Heard the parties. The petitioner is in custody in connection with Sessions Trial No. 590 of 2011 arising from G.R.P. Jhajha P.S. Case No. 09 of 2005 for offence punishable under [STATUTE] and Section 17 of the Criminal Law Amendment Act. The F.I.R. is against unnamed accused and has been instituted by constable Shashi Kant Tiwari, a member of the escort party. It is alleged that in the process of committing dacoity the miscreants entered into an altercation with the escort party leaving one constable dead and the informant was thrown out of the train. It is further alleged that a rifle and 45 cartridges were looted from the escort party. Learned counsel for the petitioner submits that although the confession of this petitioner was recorded on 12.03.2007, it took four years for the investigating agency to take him on remand in the present case which was carried out on 14.6.2011 and all this while the petitioner was never put on T.I. parade. It is further submitted that no incriminating article has been recovered from the petitioner. Regard being had to the circumstances and the submission of learned Patna High Court Cr.Misc. No.44980 of 2011 (3) dt.10-02-2012 2 counsel, let the petitioner Kali Yadav @ kaliya be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, F.T.C. II, Lakhisarai in connection with Sessions Trial No. 590 of 2011 arising from G.R.P. Jhajha P.S. Case No. 09 of 2005 subject to the condition that the petitioner shall be personally present in the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to present himself on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.