Case Facts:
Patna High Court Cr.Misc. No.14051 of 2012 (6) dt.29-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14051 of 2012 ====================================================== 1. Dinesh Das S/O Shambhu Das Resident Of Village- Madhubani Gaht, P.S.- Mufassil, District- East Champaran 2. Shiv Shankar Sahani S/O Nawal Sahani Resident Of Village- Madhubani Gaht, P.S.- Mufassil, District- East Champaran .... Petitioness Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 29-06-2012 Heard learned counsel for the petitioners and the State. This is a petition for grant of regular bail for offence under [STATUTE] and 3 and 4 of the Explosive Substances Act. The first information report is against unknown persons. The learned counsel for the petitioner submits that neither any recovery from the possession of the petitioner nor there is any eye witness to the occurrence identifying the petitioner having his participation and the only material against the petitioner is the confessional statement of the co-accused in paragraph 40 of the case diary as well as in paragraphs 21, 22 and 23 of the case diary, the witnesses have stated in their statement that the local people were discussing that the petitioner were also amongst the persons. The learned counsel for the petitioner submits that this evidence is not an evidence in the eye of law. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000 (rupees ten thousand) each with two sureties of the like amount each in connection with Chhatauni P.S. Case No. 19 of 2012 to the satisfaction of the Chief Judicial Magistrate, Motihari. SA/- (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.