Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32921 of 2011 ====================================================== Kamal Paswan S/O Late Niranjan Paswan R/O Village Goriyara, Police Station Karza, District - Muzaffarpur .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05. 09-02-2012 Heard the parties. The petitioner is in custody in connection with Karza P.S. Case No. 171 of 2010 (Sessions Trial No. 201 of 2011) for offence punishable under [STATUTE] . The petitioner is said to have been identified by the son of the informant as being one of the dacoits who had committed dacoity in the house of the informant leaving several injured and causing death of the grandson of the informant. Learned counsel for the petitioner while placing the statement of the son of the informant Manoj Kumar Mishra as found in paragraph 27 of the case diary, submits that except the alleged identification, no allegation has been attributed against this petitioner of causing injury to any inmate or causing death of Sumit Kumar, the grandson of the informant. It is stated that in the circumstances the petitioner having clean antecedent has remained in custody since 02.12.2010. Regard being had to the submission of learned counsel, let the petitioner Kamal Paswan be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to Patna High Court Cr.Misc. No.32921 of 2011 (5) dt.09-02-2012 2 the satisfaction of learned 2nd Additional Sessions Judge, Muzaffarpur in connection with Karza P.S. Case No. 171 of 2010 (Sessions Trial No. 201 of 2011) subject to the condition that the petitioner shall be personally present in the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to present himself on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. S.Sb/- (Jyoti Saran, 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.