Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18782 of 2012 ====================================================== 1. Navin Kumar Gupta S/O Late Jitendra Kumar Gupta Resident Of Sultanpur Danapur Cantt, Police Station- Danapur Cantt, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Haarish Kumar, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2. 24-05-2012. Heard learned counsel for the petitioner and learned APP for the State. The petitioner is an accused in Patna Rail P.S.Case No. 14 of 2012 for offence punishable under [STATUTE] . The allegation of the informant, who is a police officer, is that on an information that some thieves are planning to commit theft, he along with other police officials, raided the platform at 9 A.M. on 21.1.2012, apprehended four persons and recovered four pieces of blades, one screw driver and key ring from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and is in Patna High Court Cr.Misc. No.18782 of 2012 (2) dt.24-05-2012 2 custody since 21.1.2012 having no criminal antecedent. Under the facts and circumstances of the case, let petitioner, named above, 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 Railway Judicial Magistrate, Patna Junction in connection with Patna Rail P.S. Case no.14 of 2012 subject to the condition that out of two sureties, one sureties must be parents or close relative of the petitioner. ahk/- (Rajendra Kumar Mishra, 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.