Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44489 of 2012 ====================================================== 1. Chhotu Yadav @ Ashok Yadav, son of late Upendra Yadav, resident of village-Rajni, P.S.- Murliganj, District- Madhepura. 2. Md. Mukti, son of Sheikh Sadarul, residentof village- Postpar, P.S.- Saur Bazar, District- Saharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 13-12-2012 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in Sessions Trial No.914/2012 arising out of Suppl. Barhara (Raghubansh Nagar) P.S. Case No.35 of 2010 registered for the offence punishable under [STATUTE] . and Section 25 (1- b)A, 25 (ii) and 35 of the Arms Act. It is submitted that petitioner no.1 is not named in the FIR. His name has appeared in the confessional statement of the co- accused Jaichand Yadav and petitioner no.2 has also been named by the co-accused who was apprehended on the spot. It is further submitted that nothing has been recovered from the possession of the petitioners. The petitioner nos. 1 and 2 are in custody since 21.05.2012 and 12.06.2012 respectively. It has also been submitted that in similar facts and circumstance, the co-accused Lalu Yadav has been granted bail by the learned 1st Additional Patna High Court Cr.Misc. No.44489 of 2012 (2) dt.13-12-2012 2 Sessions Judge, Purnea. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of learned Adhoc Additional Sessions Judge, III, Purnea in Sessions Trial No.914 of 2012 arising out of Barhara (Raghubansh Nagar) P.S. Case No. 35/2010 with the following conditions: 1. One of the bailors will be the close relative of the petitioners. 2. The petitioners will not indulge in similar or in any other offence. 3. The petitioners 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, their bail bond will be liable to be cancelled by the concerned court and they will be taken into custody. V.K. Pandey/- (Amaresh Kumar Lal, J)

Applicable IPC Section: 399

Statute Text:
Section 399 of the Indian Penal Code. Making preparation to commit Dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.