Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18353 of 2012 ====================================================== Md. Nasir @ Munna Khan, Son of Late Md. Hasib Khan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 20-06-2012 Supplementary affidavit has been filed on behalf of the petitioner during the course of the day. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner seeks bail in a case registered under [STATUTE] and 25(1-B)a, 26(ii) & 35 of the Arms Act, is one of the named accused in this case on being apprehended during police raid on some confidential information with one motorcycle and pistol loaded with three cartridges. Submission is of false implication and the said motorcycle being owned by petitioner himself on purchase from the original owner, namely, Bhim Sen Sap Kota, S/o Late Devi Pd. Sap Kota, R/o Saraiyaganj (behind Tejpal Building), P.S. Town, District Muzaffarpur, but before completion of process of transfer and register with the authorities, petitioner was apprehended and is languishing in custody since 09/01/2012. Having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount Patna High Court Cr.Misc. No.18353 of 2012 (3) dt.20-06-2012 2 / 2 2 each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 16/2012, subject to condition that one of the bailors should be the original owner and transferor of the concerned motorcycle, but only on verification of his ownership and transfer, with additional condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.