Case Facts:
Patna High Court Cr.Misc. No.2955 of 2012 (4) dt.10-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2955 of 2012 ====================================================== Md. Shamshad @ Tuntun .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 10.04.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 7.2.2011 in a case registered under [STATUTE] , 25(I-B) A, 26, 35 of the Arms Act, 21, 22 of the NDPS Act and 3/ 4 of the Explosive Substance Act. Allegedly, one country made pistol loaded with magazine containing five live cartridges as well as ten purias smacks and five live bombs were recovered from the conscious possession of the petitioner when he along with other accused had assembled to make preparation for committing dacoity. Learned counsel for the petitioner submits that weight of the seized smacks has not been given either in the first information report or in the case diary and so far as live bombs are concerned, there is no report on the entire case diary that the aforesaid bombs are live or not. Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner, Md Shamshad @ Tuntun, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Special case Patna High Court Cr.Misc. No.2955 of 2012 (4) dt.10-04-2012 no. 13/2011 arising out of Gandhi Maidan P.S. Case no. 35/2011. Shahid (Hemant Kumar Srivastava,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.