Case Facts:
Patna High Court Cr.Misc. No.19149 of 2012 (2) dt.28-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19149 of 2012 ====================================================== Dev Narain Sah @ Dev Narayan Sah, S/o Late Yadulal Sah, resident of village- Belgachi, P.S. Baisi, District- Purnea. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 28-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Pothia P.S. Case No. 89 of 2011 dated 11.08.2011 registered for the offence under [STATUTE] . Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and has been implicated later on only on the basis of the confessional statement of co-accused. According to the F.I.R. the allegation is with regard to commission of dacoity in the house of the informant in which various articles including jewellery have been taken away. Learned counsel submits that nothing has been recovered from the petitioner and only on the basis of confessional statement he has been made accused. It is further submitted that there is no Test Identification Patna High Court Cr.Misc. No.19149 of 2012 (2) dt.28-05-2012 Parade. The petitioner is said to be in custody since 11.01.2012 and has clean antecedent and was not involved in any criminal case prior to being implicated in the present case. Learned A.P.P. for the State, on the other hand, submits that it is a case of dacoity and the other co-accused from whom recovery has been made have named the petitioner and thus he does not deserve bail. Considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in Pothia P.S. Case No. 89 of 2011. This application, accordingly, stands disposed off. Md. Ibrarul/- (Ahsanuddin Amanullah, 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.