Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19683 of 2012 ====================================================== 1. Bindeshwar Prasad Yadav @ Bipin Yadav @ Mandal Ji S/O Shri Chatradhari Yadav Resident Of Village Guri, P.S. Fatehpur, District Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prakash Srivastava, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 23-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in Barachatti P.S. Case No. 193 of 2000 for the offence punishable under [STATUTE] and section 17 of the C.L.A. Act. It is submitted that the petitioner is not named in the F.I.R. In the F.I.R. it has been alleged that when the family members of the Divisional Commissioner were travelling in the night on the Highway they were stopped by a mob allegedly of M.C.C. people who were looting a petrol pump nearby. In course of firing the wife of the Divisional Commissioner was killed. The case was instituted against unknown. It is further submitted that the name of the petitioner Patna High Court Cr.Misc. No.19683 of 2012 (2) dt.23-05-2012 2/3 has appeared in the statement of one co-accused Lakhan Yadav under section 161 of the Cr. P .C. The said Lakhan Yadav was produced before the court to make a statement under section 164 of the Cr. P.C. where he did not name anybody. On the basis of the statement under section 161 of the Cr. P. C. as made by Lakhan Yadav several persons, including the petitioner have been implicated in the case. He has further stated that in the similar facts and circumstances co-accused Rajendra Yadav has been granted bail by a Bench of this Court vide Cr. Misc. No. 3762 of 2011. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Barachatti P.S. Case No. 193 of 2000 ( G.R. Case No. 695 of 2000) with the following conditions: 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in Patna High Court Cr.Misc. No.19683 of 2012 (2) dt.23-05-2012 3/3 any other offence. 3. The petitioner will be well represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. RPS/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.