Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43881 of 2012 ====================================================== 1.Mantu Sah 2. Randhir Prasad...................................................................... Petitioners Versus The State Of Bihar ...................................................................Opp. Party Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s Mr. Manoj Kumar No. I ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 11-12-2012 Heard Mr. Ashok Kumar Singh learned counsel for the petitioners and Mr. Manoj Kumar No.I learned Additional Public Prosecution appearing on behalf of the State. Petitioners in the present case seek regular bail in connection with Madanpur P.S.Case No. 169 of 2012 instituted for the offences punishable under sections 25 ( 1-b) a, 26 and 35 of the Arms Act. The petitioners are in custody since 17-7-2012. The case was instituted on the basis of statement of Sub- Inspector of Police, Madanpur according to which on 15-7-2012 being a member of the Patrolling Party he saw a white Sumo Victa without number plate . The said vehicle was intercepted near a petrol pump. Seeing the police the five persons present in the vehicle started fleeing . Four of them were arrested and one could not be caught. Petitioners are also among those five persons. On search one country made pistol and two cartridges were recovered from the possession of co-accused Ranjit Prasad. Patna High Court Cr.Misc. No.43881 of 2012 (2) dt.11-12-2012 2 / 2 2 The submission on behalf of petitioners is that nothing was recovered from their possession and therefore no offence under the Arms Act is made out. He further submits that for the same occurrence two F.I.Rs. were instituted being Madanpur P.S.Case No. 168 of 2012 and Madanpur P.S.Case No. 169 of 2012 whereas Madanpur P.S.Case No. 168/12 was instituted for the offence punishable under [STATUTE] . The present case was instituted with regard to the same occurrence under various sections of the Arms Act in addition to the fact that nothing was recovered from the possession of the three petitioners. Learned counsel for the petitioners submits that the petitioners have been granted bail by this Court in Madanpur P.S. Case No. 168 of 2012 vide order dated 16-10-2012 passed in Cr.Misc.No. 36000 of 2012. In the facts and circumstances of the case and the submission made on behalf of the petitioners, let petitioners Mantu Sah and Randhir Prasad be enlarged on bail on each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judiucial Magistrate, Aurangabad in connection with Madanpur P.S.Case No. 169 of 2012. Naresh/- (Chakradhari Sharan 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.