Case Facts:
Patna High Court Cr.Misc. No.36766 of 2012 (3) dt.11-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36766 of 2012 ====================================================== Sarwan Yadav @ Shrawan Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 11.10.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 16.5.2012 in a case registered under [STATUTE] and 147 of the Indian Railway Act on the charge that he was caught on railway platform moving in suspicious condition and on being searched, two keys and one topaz blade were recovered from the possession of the petitioner. The contention on behalf of the petitioner is that the petitioner has falsely been implicated in this case and, as matter of fact, nothing was recovered from the conscious possession of the petitioner. It is further contended by him that earlier four cases had been registered against the petitioner and the petitioner has already been released on bail in almost all cases. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Sarwan Yadav @ Sharwan Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Gaya in Gaya G.R.P. Case no. 84/2012. Shahid (Hemant Kumar Srivastava,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.