Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36430 of 2011 ===================================================== Md. Asgar, son of late Md. Sultan , r/o Mohalla- Khan Mirza Maszid Ghat, P.S. Sultangaj, Distt. Patna……..Petitioner .... .... Versus The State Of Bihar ……………………………Opp.Party ===================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ===================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH ORAL ORDER 3 15-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was earlier granted bail by this Court in Patna Kotwali P.S.Case No. 187 of 1997 under [STATUTE] and under the provisions of the Arms Act. He has absconded for about 11 years and was ultimately arrested and taken into custody on 22-10-2010. The report of the trial court discloses that out of 15 charge-sheet witnesses only two have been examined and out of remaining 13 witnesses ten are police officials who are now posted out- side and their addresses have now been ascertained. According to the trial court the trial is likely to conclude within nine months. On behalf of petitioner it has been submitted that he undertakes to appear on each and every date fixed in the trial Patna High Court Cr.Misc. No.36430 of 2011 (3) dt.15-02-2012 2 / 2 2 and if he cannot appear for any unavoidable reason he will seek permission of the court concerned by filing petition supported by reasons. He further undertakes that in case of violation of aforesaid undertaking the court below may cancel his bail bond . Considering that petitioner is in custody for about 16 months after he was again taken into custody and the aforesaid undertaking, the prayer for bail is allowed. Let petitioner Md. Asgar be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge ( F.T.C.IV) Patna in connection with Sessions Trial No. 698 of 1998 arising out of Kotwali P.S.Case No. 187 of 1997. An undertaking to aforesaid effect shall be filed by the petitioner and only thereafter his bail bond shall be accepted by the court below. Naresh/- (Shiva Kirti Singh, J)

Applicable IPC Section: 393

Statute Text:
Section 393 of the Indian Penal Code. Attempt to commit robbery. Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.