Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5442 of 2012 ====================================================== Praveen Kumar Jha@Rinku Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 29.9.2011 in a case registered for the offences punishable under [STATUTE] . It is alleged that when firings were resorted to on the deceased by unknown criminals, then the FIR was lodged against unknown. It is submitted on behalf of the petitioner that the petitioner is a co villager of the informant. In the statement under section 164 Cr. P.C., some witnesses claimed to have identified the petitioner along with others. It is further submitted that the petitioner was the uncle of the police officer with whom the informant was on inimical terms and the claim of the informant that the accused persons had concealed their faces and not naming the accused persons in the FIR establish that there was no occasion Patna High Court Cr.Misc. No.5442 of 2012 (2) dt.27-02-2012 2 / 2 2 for the informant to have identified the petitioner. Considering the aforesaid facts, let the above named petitioner 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 C.J.M., Saharsa in Bakhtiyarpur P.S. Case no. 209 of 2011. Anil/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.