Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39544 of 2012 ====================================================== Ashu Rayeen @ Salman Rayeen @ Rizwan Rain, S/O Late Usman Rayeen, Resident of Neel Kothi, Police Station- Dehri, District Rohtas. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Dehri Town P.S. Case No. 345 of 2012 registered for offence punishable under [STATUTE] and section 25(1-B) (a), 26 and 35 as well as section 4 of the Arms Act. Learned counsel for the petitioner submits that as per the prosecution story, two persons were apprehended by the police from whom there was recovery of fire arms relating to the F.I.R lodged by the informant with regard to dacoity committed by various unknown persons. It is further alleged that the police apprehended two persons and at some distance eleven more persons including the petitioner were apprehended and Rs.1000/ from each of them was recovered. Learned Patna High Court Cr.Misc. No.39544 of 2012 (2) dt.01-11-2012 2 counsel submits that the petitioner is in custody since 25.7.2012 and has no criminal antecedent. Learned counsel submits that the petitioner being a poor tempo driver has nothing to do with the crime and the police has made arrest only to show that it was taking action in the case. Learned counsel further submits that it is unnatural as to why a person after committing a crime shall remain at the spot for such a long time so as to allow the police to come and arrest him. Learned counsel has also produced a copy of the order dated 3.10.2012 passed by a co-ordinate bench of this court in Cr. Misc. No. 34751 of 2012 by which five similarly situated persons have been granted bail in the case. Let the copy of the order be kept on record. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner having been caught with Rs.1000/- cannot be deemed to be innocent and bail should not be granted. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like Patna High Court Cr.Misc. No.39544 of 2012 (2) dt.01-11-2012 3 amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Dehri, Rohtas in connection with Dehri Town P.S. Case No. 345 of 2012. ahk/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.