Case Facts:
Patna High Court Cr.Misc. No.45372 of 2012 (2) dt.21-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45372 of 2012 ====================================================== Pinku Paswan @ Pintu Paswan, Son of Dilip Paswan, Resident of village Yamune, P.S. Chandauti, District Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 21-11-2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in Bodh Gaya P.S. case No.139 of 2010 (Sessions Trial No.407 of 2012) instituted for the offence under [STATUTE] . The Petitioner was refused bail by an order dated 21.11.2011 but with liberty to renew his prayer for bail after framing of charge. In view of the subsequent development that now charges have been framed against him, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional District & Sessions Judge 5th, Gaya in connection with Sessions Trial No.407 of 2012 arising out of Bodh Gaya P.S. Case No.139 of 2010, subject to the conditions (i) Patna High Court Cr.Misc. No.45372 of 2012 (2) dt.21-11-2012 That one of the bailor shall be Sanjay Paswan, cousin of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. In view of the nature of allegations, the petitioner is directed to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a Patna High Court Cr.Misc. No.45372 of 2012 (2) dt.21-11-2012 certificate will be filed by the petitioner before the court concerned. Narendra/- (Anjana Prakash, J)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity 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.