Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9235 of 2012 ====================================================== Arun Yadav @ Mukhiya, son of Late Aditya Yadav, resident of village- Matukpur, P.S.-Barhara, District-Bhojpur (Bihar). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-02-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with a case instituted for the offence punishable under [STATUTE] and Sections 25(1-b)a, 26 and 35 of the Arms Act. It is submitted that the petitioner has remained in custody since 14.2.2011. The investigation is complete and charge sheet has already been submitted. His case has already been committed to the court of sessions for trial. Charges have been framed but no witness is turning up in spite of summons issued by the court. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Additional Sessions Judge, Fast Track Court-II, Ara in connection with Sessions Trial No. 279 of 2011 arising out of Udwant Nagar P.S. Case No. 34 of 2011 on the following Patna High Court Cr.Misc. No.9235 of 2012 (2) dt.29-02-2012 2 / 2 2 conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 400

Statute Text:
Section 400 of the Indian Penal Code. Belonging to a gang of persons associated for the purpose of habitually committing Dacoity. Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing 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.