Case Facts:
Patna High Court Cr.Misc. No.24427 of 2012 (4) dt.26-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24427 of 2012 ============================================= 1. Gopi Sahni 2. Manoj Sahni Both sons of Khokha Sahni 3. Raju Sahni, son of Sukhdeo Sahni All resident of villag e- Chhoti Bhagwatipur, near Chandbara Soda Godam Bandh, P.S. – Ahiyapur, District – Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ============================================= with Criminal Miscellaneous No.27221 of 2012 ============================================ 1. Govind Kumar Chaudhary, son of Ram Naresh Chaudhary 2. Bisheshwar Charaudhary, son of Ramphal Chaudhary, Both resident of village – Chakmandhaul, P.S. – Tajpur, District – Muzaffarpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ============================================= CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 26-09-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. Both these applications have been heard together and disposed of by this common order. These applications have been filed for the grant of regular bail to the petitioners who have been made an accused in a case registered for the offences punishable under [STATUTE] and 8/22 of the N.D.P.S. Act. All the petitioners are named accused in this Patna High Court Cr.Misc. No.24427 of 2012 (4) dt.26-09-2012 case. The three petitioners of Cr. Misc. No. 24427/2012 have been apprehended and disclosed the name of their associates, out of whom two are petitioners in another case Cr. Misc. No. 27221/2012 carry allegation of forming a group to snatch articles from the passengers after administering some intoxicants and allegation on these three petitioners is that they were apprehended only with ATIVAN tablets. Submission is of false implication on mere suspicion, no such crime was committed by the petitioners, who carry no criminal antecedent. If, it is so, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Muzaffarpur, in connection with Muzaffarpur Rail P.S. Case No. 20/2012, with a condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, 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.