Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16118 of 2012 ====================================================== 1. Ram Briksha Shahi, son of late Nand Lal Shahi. 2. Braj Kishore Shahi, son of late Nand Lal Shahi. Both residents of Village- Rajkhand South, P.S. Aurai, District- Muzaffarpur. 3. Sanjay Singh, son of Chhote Singh, resident of village-Teka Bazar, P.S. Aurai, District-Muzaffarpur. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioners : Mr. Vijay Kumar Singh, Advocate. For the Opposite Party : Mr. Pushpendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 03-05-2012 Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Subsequently, [STATUTE] . was also added. The accusation is of committing theft of 20- 25 bundles of tobacco (Khaini). Six bundles of tobacco was recovered from the house of petitioner no.1. It is submitted by learned counsel for the petitioners that recovered Khaini was not put on T. I. Parade. Though there is no recovery from petitioner no.2 but it appears that petitioner no.2 was made accused in a case registered for the Patna High Court Cr.Misc. No.16118 of 2012 (2) dt.03-05-2012 2 / 2 2 offence punishable under [STATUTE] . In the circumstances, this Court is not inclined to grant anticipatory bail to petitioner nos. 1 and 2. Their prayer for anticipatory bail application is rejected. Considering the nature of recovery, it is a good case for consideration of regular bail of petitioner nos. 1 and 2 if they surrender within a period of six weeks from the date of receipt of copy of this order. With this observation, prayer for anticipatory bail application of petitioner nos. 1 and 2 is disposed off. So far petitioner no.3 is concerned, there is no recovery from him and he has no criminal antecedent, let him be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Aurai P.S. Case No. 09 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (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.