Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 37078 of 2012 ====================================================== Rupesh Mandal @ Rupesh Kumar Son of Late Bijay Mandal Resident of Village- Fatehpur, Gangania, P.S.- Sultanganj, District- Bhagalpur. ... .... Petitioner Versus The State of Bihar ... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Bhagalpur Rail P.S. Case No. 46 of 2006 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that he was not named in the F.I.R. and there has been no recovery from his possession. It is submitted that only because of the confessional statement of some of the co- accused persons he has been implicated in the present case. Learned counsel submits that he is in custody for a long period as he was arrested in another case in the year 2007 and later on remanded in the present case. Learned counsel has produced a web copy of the order dated 12.10.2010 in Cr. Misc. No. 22444 of 2010 (Muni Lal Bind Vs. State of Bihar) and order dated 11.03.2011 in Cr. Misc. No. 8814 of 2011 Patna High Court Cr.Misc. No.37078 of 2012 (2) dt.01-11-2012 2 / 2 2 (Semphule Bind Vs. The State of Bihar) passed by a co- ordinate Bench of this Court granting bail to the said co- accused. Let the same be kept on record. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is involved in this case and thus he does not deserve the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Ad hoc Additional District and Sessions Judge-5, Bhagalpur in connection with S.T. No. 84 of 2010, T.R. No. 108 of 2011 arising out of Bhagalpur Rail P.S. Case No. 46 of 2006. Anand Kr. (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.