Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14924 of 2012 ====================================================== 1. Kundan Kumar Sharma S/O Late Satish Sharma Resident Of Village- Birpur Basantpur, Police Station- Birpur, District- Supaul. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 10-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 390/2011 registered for the offence punishable under [STATUTE] and 25(1-b)a, 26, 35 of the Arms Act. The allegation is that during raid by the police party some persons were found making preparation for dacoity, some out of them were arrested with firearms and a few fled away and the petitioner is one of them. It is submitted that in the similar facts and circumstances the co-accused Ravin @ Ravindra Paswan has been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 1285 of 2012 and the petitioner has no criminal antecedent. Considering the facts and circumstances of the case, let the petitioner above named be released on bail in the event of arrest or surrender within a period of six weeks in Patna High Court Cr.Misc. No.14924 of 2012 (2) dt.10-04-2012 2 / 2 2 Forbesganj P.S. Case No. 390 of 2011 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and the other following conditions: i) One of the bailors will be the close relative of the petitioner. ii) The petitioner will not indulge in similar or in any other offence. iii) The petitioner will be well re-presented in the Court, if and when required. iv) In case of absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody forthwith. Sudha/- (Amaresh Kumar Lal, 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.