Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32270 of 2012 ====================================================== 1. Subhash Gope, Son of Arjun Gope. 2. Mahendra Gope, Son of Chandrika Gope. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 18-09-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, who are languishing in custody, seek bail in a case registered under [STATUTE] . In this case, instituted against unknown, petitioners name emerged during investigation on recovery of some looted articles based on extra judicial confession of one Shyam Gope, who has already been released on bail vide order dated 23.07.2012 passed in Cr. Misc. No. 16976 of 2012. Submission is of false implication and in spite of names of the petitioners identified, none of the petitioners were ever put on test identification parade. If it is so, having regard to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 76 of 2011, subject to condition to remain physically present before the court Patna High Court Cr.Misc. No.32270 of 2012 (2) dt.18-09-2012 2 below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.