Case Facts:
Patna High Court Cr.Misc. No.961 of 2012 (2) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.961 of 2012 ====================================================== Sahjad .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.1549 of 2012 ====================================================== Samshul Bashar @ Masoom .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 2 19-01-2012 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 05.08.2011 and 13.12.2010 respectively in a case registered for the offence under Sections 20, 21 and 22 of the N. D. P. S. Act. For the alleged occurrence, three cases were lodged. First one under [STATUTE] . second under the Arms Act and third one being the present cases under the N.D.P.S. Act. There is recovery of 05 Kg. of Ganja from Hazrat Ali. It is alleged that the petitioners fled away from the place of occurrence. It is orally Patna High Court Cr.Misc. No.961 of 2012 (2) dt.19-01-2012 submitted on behalf of the petitioner Sahjad that he is not involved in any case except the present three cases registered for the same occurrence. It is submitted on behalf of the petitioner Samshul Bashar @ Masoom that he is involved in two other cases in which he is on bail. Considering the aforesaid facts, let the petitioners above named 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 Additional District and Sessions Judge-I, Siwan in connection with N.D. P.S. Trial No. 76 of 2011 arising out of Badhariya P.S. Case No. 157 of 2010. U. K. (Dinesh Kumar Singh, J)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.