Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19249 of 2012 ====================================================== Mukesh Tiwari S/O Gagandev Tiwari R/O Village - Gidhas, P.S. Sahebganj, District – Muzaffarpur. .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 2 29-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Baruraj P.S. Case No. 55 of 2004 dated 01.06.2004 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that he has been made accused in the present case only on the basis of suspicion and confessional statement of two other co-accused. The F.I.R. was against unknown and later on upon arrest of Mahesh and Karmuddin Mian, the name of the petitioner also transpired and it is alleged that he was also party to looting of the motorcycle and cash. It is stated that no recovery has been made from the petitioner and besides the said statement there is no other incriminating material to connect the petitioner to the said crime. Patna High Court Cr.Misc. No.19249 of 2012 (2) dt.29-05-2012 2 Learned counsel submits that the petitioner is in custody since 27.11.2011 and the other co-accused namely, Mahesh and Karmuddin Mian have been granted bail by the Sessions Judge, Muzaffarpur. Learned A.P.P. for the State submits that the role of the petitioner in looting of the motorcycle and cash has been admitted by co-accused and thus he does not deserve the benefit of bail. Upon hearing the rival contentions and considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Baruraj P.S. Case No. 55 of 2004. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.