Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39510 of 2012 ====================================================== Md. Qayum S/O Late Sabbi,r R/o Basirnagar, P.S.-Thakurganj, Distt- Kishanganj .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Thakurganj (Kurlikot) P.S. Case No. 71 of 2012 registered for offence punishable under [STATUTE] and sections 25(1-B) (a), 26 and 35 of the Arms Act. Learned counsel submits that even as per the F.I.R he is not named. The allegation is that four persons looted the informant out of whom three were caught and one was named. The petitioner, according to the learned counsel, has been made accused only on the basis of confessional statement of co-accused, namely, Md. Azad. It is submitted that even as per the face value of the F.I.R, he can only be held responsible for Patna High Court Cr.Misc. No.39510 of 2012 (2) dt.01-11-2012 2 the conspiracy but no role has been assigned to him and he has not been caught on the spot. Learned counsel submits that he is in custody since 23.6.2012 and has no criminal antecedent. Learned A.P.P. for the State opposed the prayer and submits that the petitioner has also given his confessional statement and on that basis he does not deserve the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed 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 the Chief Judicial Magistrate, Kishanganj in Thakurganj (Kurlikot) P.S. Case No. 71 of 2012. ahk/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, 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.