Case Facts:
Patna High Court Cr.Misc. No.1649 of 2012 (2) dt.30-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1649 of 2012 ====================================================== Durga Dom .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.2325 of 2012 ====================================================== Nepali Dom .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 30-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 20.08.2011 in a case registered for the offence under [STATUTE] , 25(1-B)a, 26, 35 of the Arms Act and 3/5 of the Explosive Substances Act. One country made pistol and one live cartridge from each petitioner have been recovered. It is submitted that others have been granted bail. Considering the period under custody, let the petitioners above named be released on bail on Patna High Court Cr.Misc. No.1649 of 2012 (2) dt.30-01-2012 furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, District-Patna in connection with Agamkuan P.S. Case No. 222 of 2011. Considering the criminal antecedent of the petitioners learned court below will be at liberty to cancel the bail of petitioners if they get involved in similar nature of offence or they default for three consecutive occasions during trial. U.K./- (Dinesh Kumar Singh, J.)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.