Case Facts:
Patna High Court Cr.Misc. No.8649 of 2012 (3) dt.08-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 8649 of 2012 ====================================================== Sunil Kumar Yadav .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 9091 of 2012 ====================================================== Kishan Kumar @ Krishna Paswan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 08-05-2012 Heard learned counsel for the petitioners and learned counsel for the State. This is a petition for regular bail for the offence under [STATUTE] . The First Information Report is against unknown. However, from the order of the Sessions Judge it appears that the petitioners were arrested on the confessional statement of the co-accused and some looted articles and looted motor cycle were recovered. Learned counsel for the petitioners, however, submits that looted articles appears to be mobile which does not tally with the description which has been alleged to be looted as Patna High Court Cr.Misc. No.8649 of 2012 (3) dt.08-05-2012 apparent from the First Information Report as the seizure list of the looted motor cycle and the number of mobile mentioned in the First Information Report does not tally. It is further contended that the motor cycle seized from the railway station for which seizure list having different registration number then what has been looted in the occurrence which is mentioned in the First Information Report and both does not tally. Hence, it is contended that the only material against the petitioners is the confessional statement of the co-accused and the petitioners are in jail since 16.08.2011. Learned counsel for the State, however, submits five cases are pending against Sunil Kumar Yadav and one case is pending against Krishna Kumar @ Krishna Yadav. Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil P. S. Case No. 202 of 2011 subject to the condition that one of the bailors shall be the close relative of the petitioners and shall Patna High Court Cr.Misc. No.8649 of 2012 (3) dt.08-05-2012 file an affidavit that he will inform the court about any such activity and if any such activity is reported and further at the stage of receiving the police paper and at the stage of the framing of the charge and any absence of the petitioners on two consecutive dates shall be a ground for cancellation of bail bond of the petitioners and subsequently the petitioners shall appear in the case on each and every date fixed by the lower court and any absence of the petitioners shall be subject to the satisfaction of the court below on reasonable grounds. Kundan/- (Gopal Prasad, 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.