Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26688 of 2012 ====================================================== Raj Kumar Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 31-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in Ganga Bridge P.S. Case No. 38 of 2010 registered for the offences punishable under [STATUTE] pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur. One bag was recovered from the possession of four persons out of them two persons were apprehended on the spot from whom screw drivers, drilling machine and mobile were recovered. It is submitted by learned counsel for the petitioner that apprehended accused Mukesh Kumar @ Mukesh Rai has been granted regular bail by this Court vide Cr. Misc. No. 11672 of 2011. This Court sees no reason for the learned court below not to consider the same privilege to the petitioner if the petitioner surrenders within a period of six weeks. Patna High Court Cr.Misc. No.26688 of 2012 (2) dt.31-07-2012 2/2 With the above observation, this application is, accordingly disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioners. Amrendra/- (Dinesh Kumar Singh, 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.