Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22448 of 2012 ====================================================== Mantu Kumar, Son of Chandeshwar Prasad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 03-07-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] . In this case, instituted against unknown, petitioner’s name emerged during investigation as the person in use of looted cellular phone. Submission is of false implication and nothing was recovered from the possession of the petitioner nor he or anything said to be recovered was ever put on test identification parade. Further, he has also no criminal antecedent and to crown all, it is also submitted that there is no seizure list prepared indicating that anything was recovered and this was also a submission on behalf of the petitioner before the court below which finds mentioned in paragraph – 4 of the impugned order and remained uncontroverted. In view of the above, if the assertions regarding seizure list, recovery and test identification parade besides criminal antecedent are found true, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Patna High Court Cr.Misc. No.22448 of 2012 (2) dt.03-07-2012 2 / 2 2 Magistrate, Masaurhi, Patna, in connection with Masaurhi P.S. Case No. 462 of 2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.