Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2439 of 2012 ====================================================== Umesh Nut .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 11-09-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 3/4 of Explosive Substances Act. The accusation is of committing dacoity when the FIR was lodged against unknown. One Sunil Nut was apprehended who named this petitioner without parentage and address when several persons of the petitioner’s name were made accused. It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner and a statement has been made in para 10 that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above Patna High Court Cr.Misc. No.2439 of 2012 (3) dt.11-09-2012 2/2 named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Harsidhi P.S. Case No. 39 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted on filing affidavit that he will regularly cooperate in the investigation. The said affidavit will be transmitted to the I.O. concerned by the learned court below. The non-cooperation in investigation will give liberty to the prosecution to file application for cancellation of bail of the petitioner. DKS/ (Dinesh Kumar Singh, 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.