Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14023 of 2012 ====================================================== Sushil Kumar, son of Sri Jitendra Prasad, resident of village-Sultanpur, P.S.-Dhanarua, District-Patna. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 04-04-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner prays for bail in a case under [STATUTE] . It is submitted that the petitioner is in custody since 5.10.2011. After investigation charge sheet has already been submitted and the police does not require custodial interrogation of the petitioner. The petitioner was apprehended by police being armed with a loaded country- made pistol and for that a separate case under Arms Act has been instituted. It is only on the basis of the alleged recovery of firearm a separate case has been instituted in which also the petitioner has been remanded. Be that as it may, considering the period of custody, facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Judicial Magistrate 1st Class Railway, Patna in connection with GRP Jehanabad (Taregana) P.S. Case No. 48 of 2011 on the following conditions: (i) That Patna High Court Cr.Misc. No.14023 of 2012 (2) dt.04-04-2012 2 / 2 2 both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 399

Statute Text:
Section 399 of the Indian Penal Code. Making preparation to commit Dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.