Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3855 of 2012 1. Raj Kumar Ram, S/o Late Angrahit Ram of Village-Nonar, P.S.-Pero, District-Bhojpur. 2. Satya Narayan Yadav, son of Rampyare Yadav of village- Bailbania, P.S.-Sahpur, District-Bhojpur. Versus The State of Bihar ------------------------- 2 25.01.2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody since 10.7.2011 in connection with a case registered under [STATUTE] . It is submitted that nothing incriminating has been recovered from the possession of the petitioners. Similarly circumstanced co- accused Rajesh Kumar and Anthoni have already been granted bail by order dated 19.9.2011 passed in Cr. Misc. No. 29845 of 2011. Another accused Raja Kumar has also been granted bail by order dated 12.10.2011 passed in Cr. Misc. No. 31902 of 2011. Considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Additional District Judge, F.T.C.-V, Buxar in connection with Sessions Trial No. 249 of 2011 arising out of Sikraul P.S. Case No. 44 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the 2 petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them to disclose such facts to the court or to any other authority. (iii) That they will remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. Sanjeet/ (Ashwani Kumar 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.