Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13147 of 2012 ====================================================== 1. Damodar Yadav 2. Yadunandan @ Pachan Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-04-2012 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and Section 3, 4 and 5 of the Explosive Substances Act. The accusation against the petitioners is that they assaulted the deceased with knife and lathi. It is submitted by learned counsel for the petitioners that during investigation, the accusation was found false and final form was submitted but differing with the same the cognizance has been taken and in the background of serious land dispute, the accusation has been levelled. Considering the fact that during investigation, the accusation was found false by the police, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 Patna High Court Cr.Misc. No.13147 of 2012 (2) dt.11-04-2012 2/2 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoria (Suiya) P.S. Case No. 217 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. The learned court below will be at liberty to cancel the bail of the petitioner if he defaults for three consecutive occasions. Amrendra/- (Dinesh Kumar Singh, 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.