Case Facts:
Patna High Court Cr.Misc. No.32781 of 2012 (2) dt.31-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 32781 of 2012 ====================================================== Mamanoon .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 31-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . First Information Report is against unknown. The seizure list shows that from the possession of one Md. Sohrab jewelleries and a Nokia mobile bearing no. 8969639964 was recovered, which has been used before and after the occurrence. From the possession of this petitioner two mobiles recovered, one of Carbon Company with double SIM one bearing No. 9931918229 and the other Lava Company bearing SIM No. 8877753212. Learned counsel for the petitioner submits that two mobile recovered from the possession of the petitioner neither tallied with the mobile alleged to have been looted as looted mobile is said to be the Nokia Company and no Test Identification Parade has been conducted with regard to the looted mobile and hence the evidence does not corroborate to connect the recovered mobile and the looted mobile. Learned counsel for the petitioner submits that whatever the material, except the confessional statement of the co-accused is not Patna High Court Cr.Misc. No.32781 of 2012 (2) dt.31-08-2012 admissible in evidence and the petitioner has no criminal antecedent. From the impugned order, it is apparent that Md. Sohrab and Mamanoon, the petitioner was arrested together. Learned counsel for the petitioner further submits that the seizure list itself shows that whatever articles recovered from the possession of the petitioner are only two mobiles which was connected with the SIM. Hence, having regard to the facts and circumstances of the case, the petitioner above named is ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Kasba P. S. Case No. 28 of 2012, subject to the condition that one of the bailors shall be the near relative of the petitioner who shall file affidavit to the effect that the petitioner has no criminal antecedent, which fact should be verified by the court below and thereafter be released on bail. Kundan/- (Gopal Prasad, 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.