Case Facts:
Patna High Court Cr.Misc. No.29044 of 2012 (3) dt.30-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29044 of 2012 ====================================================== Sakeel Ahmad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 30-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . The petitioner has not been named in the First Information Report. The name of the petitioner finds place in the confessional statement of the co-accused, namely, Manoj Kumar Singh who has disclosed that the looted articles have been kept in the house of Shakil Mian. From the impugned order, it is apparent that the house of Shakil Mian was searched by the Investigating Officer and in course of search a Sonata ladies wrist watch, two nokia mobile and two other mobile and extra SIM and three knives have been recovered for which he did not show any valid papers. However, there is allegation in the First Information Report that the dacoits snatched jewelleries like ring, golden chain and one Sonata wrist watch. Learned counsel for the petitioner submits that except Sonata watch nothing tallied or recovered from the possession of the petitioner Patna High Court Cr.Misc. No.29044 of 2012 (3) dt.30-08-2012 and the said Sonata watch which has been recovered from the possession of the petitioner has not been put on Test Identification Parade and the specification has not been shown about Sonata wrist watch that it was the same which was recovered from the house of the petitioner. Learned counsel for the State does not deny the fact that from the possession of the petitioner only one Sonata wrist watch was recovered and was ever put on Test Identification Parade. The petitioner is in jail since 24.02.2012. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent but in one case the name of the petitioner surfaced during investigation but the charge-sheet has not been submitted. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Muffasil) P. S. Case No. 55 of 2012, subject to the condition that one of the bailors shall the near relatives of the petitioner who shall file affidavit to the effect that the petitioner has no criminal antecedent, except one case in which the name of the petitioner surfaced but the charge-sheet has not been submitted, which fact should be verified by the court below and thereafter be released on bail. Kundan/- (Gopal Prasad, J.)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.