Case Facts:
Patna High Court Cr.Misc. No.16027 of 2012 (2) dt.18-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16027 of 2012 ====================================================== Banka Singh son of Indrajeet Prasad Singh, R/ovillage- Khalipur, P.s.- Karja, District- Muzaffarpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 18-04-2012 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is an accused of a case registered under [STATUTE] and sections 20 and 22 of the N.D.P.S. Act. The petitioner was apprehended with 7 Puriyas of substance which was suspected to be psychotropic substance, 60 tablets of Willium-05 and five strips each of ten tablets of Nitrosum-10 tablets was also recovered. From the possession of Md. Naushad almost similar recovery was made. Submission is that the learned Sessions Judge has discussed the entire case diary wherein the witnesses have stated before police and their statements have been noted in paragraphs 32, 33, 34 and 35 of the case diary that the petitioner is a mentally Patna High Court Cr.Misc. No.16027 of 2012 (2) dt.18-04-2012 ill person. In paragraph 37 of the case diary it has been noted that the petitioner was under treatment of Dr. D.P. Gupta who has also confirmed that the petitioner was a patient of depression and was suggested to take sleeping pills. It has been submitted that this is the first case in which the petitioner has been made accused. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/concerned Court, Muzaffarpur in connection with Brahmpura P.S. Case No. 200 of 2011. avin/- (Shyam Kishore Sharma, J.)

Applicable IPC Section: 399

Statute Text:
Section 399 of the Indian Penal Code. Making preparation to commit Dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.