Case Facts:
Patna High Court Cr.Misc. No.24195 of 2012 (3) dt.31-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24195 of 2012 ====================================================== Bharat Kumar. Yadav, s/o Hare Krishna Yadav, resident of village Singhaso, P.S. Bisfi, district Madhubani .... Petitioner Versus The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 31-08-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . There is allegation of assault and lifting of jewelries, mobile set and ATM card of bank by injuring the son of the informant. However, the first information report is against unknown persons. The only material against the petitioner is that from the possession of the petitioner some articles were recovered, like mobile set and ATM card of bank. However, the mobile set could not be identified as the looted property, but, the ATM card of bank was found to have been of one Amar Rai, the son of the informant. The occurrence is of 26.03.2012 and the said recovery ahs been made on 01.04.2012. It is stated that the participation in the test identification parade has been refused by the petitioner. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, the petitioner may renew his prayer for bail after framing of charge. SA/- (Gopal Prasad, J)

Applicable IPC Section: 397

Statute Text:
Section 397 of the Indian Penal Code. Robber or Dacoity, with attempt to cause death or grievous hurt. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.