Case Facts:
Patna High Court Cr.Misc. No.25360 of 2012 (2) dt.09-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25360 of 2012 ====================================================== Vijay Thapa S/O Raj Bahadur Thapa Resident of Village- Amrapuri, Nagar Tandi, P.S.- Gaidacourt, Distt.- Nawal Parasi (Nepal) .... .... 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 VIKASH JAIN ORAL ORDER 2 09-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is in custody since 27.9.2008 in connection with Buxar (Ind) P.S. Case No. 86/2008 registered for the offences under [STATUTE] . 3. The allegation against the petitioner and two other persons is that they have committed robbery after assaulting the informant who was the driver of a Scorpio vehicle and flee away with the vehicle. Learned counsel for the petitioner submits that the story is an imaginary one considering that the informant is not expected to know the name of the passengers but he has named the petitioner and the co-accused which shows that there was some previous dispute among them. 4. Learned counsel for the petitioner however, has not been able to make any averment whatsoever, as to the nature of any prior dispute between the informant and the accused persons. On the other Patna High Court Cr.Misc. No.25360 of 2012 (2) dt.09-07-2012 hand, the vehicle has been recovered from the possession of the petitioner and the co-accused persons. 5. Considering the aforesaid facts and circumstances and recovery having been made from the petitioner and other co-accused this Court is not inclined to entertain this petition. The prayer of the petitioner is accordingly rejected. Chandran (Vikash Jain, J)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, 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.