Case Facts:
Patna High Court Cr.Misc. No.28809 of 2012 (2) dt.30-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28809 of 2012 ====================================================== Yogendra Mukhiya, son of Late Jhingur Mukhiya, resident of Village- Deoka, P.S. Nauhatta, District- Saharsa. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 30-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with S.T. No. 90 of 2012 arising out of Nauhatta P.S. Case No. 115 of 2011, registered under [STATUTE] and Section 25 (1-B)A, 26, 35 and 27 of the Arms Act with regard to recovery of one country made pistol and cartridge from the possession of the petitioner. The petitioner is in jail custody since 24. 10. 2011. Learned counsel for the State contends that petitioner has criminal antecedent. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Patna High Court Cr.Misc. No.28809 of 2012 (2) dt.30-07-2012 Additional Sessions Judge 1st, Saharsa, in connection with S.T. No. 90 of 2012 arising out of Nauhatta P.S. Case No. 115 of 2011, subject to condition that petitioner shall appear on each and every date fixed in this case and he shall file Hazri in the nearest police station once in every fortnight for six months. m.p. (Gopal Prasad, J)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.