Case Facts:
Patna High Court Cr.Misc. No.46622 of 2012 (2) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 46622 of 2012 ====================================================== 1. Manjoor Alam @ Md. Manjoor Alam 2. Aftab Alam @ Md. Aftab @ Lalu 3. Md. Jakir 4. Md. Kallu .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 05-12-2012 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] . It is alleged that the petitioners were apprehended while staying in hotel and several sets of mobile and master key of attaché etc. were recovered from them. Learned counsel for the petitioners submits that the articles seized were not theft articles and the petitioners have no criminal antecedent. Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Patna High Court Cr.Misc. No.46622 of 2012 (2) dt.05-12-2012 Nawada in connection with Nawada Town P. S. Case No. 272 of 2012, subject to the condition that one of the bailors shall be the near relative of the petitioners who will file affidavit to the effect that the petitioners have no criminal antecedent. Kundan/- (Gopal Prasad, 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.