Case Facts:
Patna High Court CR. APP (DB) No.520 of 2012 (3) dt.13-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.520 of 2012 ====================================================== Mahendra Yadav, Son of Muni Singh, Resident of Village – Paramdih, P.S. – Dawath, District – Rohtas. .... .... Appellant. Versus The State of Bihar .... .... Respondent ====================================================== with Criminal Appeal (DB) No.497 of 2012 ====================================================== Lalan Singh @ Lalan Singh Yadav, Son of Late Brit Singh, Resident of Village – Paramdih, P.S.- Dawath, District – Rohtas. .... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== with Criminal Appeal (DB) No.604 of 2012 ====================================================== Budhan Singh, son of Late Samru Singh @ Late Suwaru Singh, Resident of Village – Paramdih, P.S. – Dawath, District – Rohtas. .... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== with Criminal Appeal (DB) No.630 of 2012 ====================================================== Bhuar Singh @ Bhuar Yadav, Son of Ghan Shyam Singh, Resident of Village – Paramdih, P.S. – Dawat, District – Rohtas. .... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== Appearance : (In CR. APP (DB) No.520, 497 & 604 of 2012) For the Appellants : Mr. Sumeet Kumar Singh, Advocate. (In CR. APP (DB) No.630 of 2012) For the Appellant : Mr. Binod Kumar Singh, Advocate. For the Respondent : Mr. Abhimanyu Sharma, APP. (in both the appeals) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER Patna High Court CR. APP (DB) No.520 of 2012 (3) dt.13-08-2012 (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 3 13-08-2012 Heard learned Counsel for the appellants and for the State. Through Criminal Appeal (DB) No. 520 of 2012, appellant Mahendra Yadav, Criminal Appeal (DB) No. 497 of 2012, appellant Lalan Singh @ Lalan Singh Yadav, Criminal Appeal (DB) No. 604 of 2012 appellant Budhan Singh and Criminal Appeal (DB) No. 630 of 2012 appellant Bhuar Singh @ Bhuar Yadav have prayed for bail on receipt of the lower court records. All these appellants were put on trial and they were convicted under [STATUTE] and Section 27 of the Arms Act. It has been alleged that while the informant was returning along with others by a Bolero Jeep then in the way the criminals forced the vehicle to stop by getting the tyres punctured by putting nails on the road and when the vehicle stopped then they fired causing death of Ram Dhari Singh Yadav @ Mohan Singh. The death was by use of firearm has been supported by the doctor P.W. 14 who held the post-mortem. Submission is that the allegations are general in nature. The linking evidence that the accused persons were put on trial and identified, has not been brought on record and there is no Patna High Court CR. APP (DB) No.520 of 2012 (3) dt.13-08-2012 evidence that these appellants were put on trial and identified. It has also been submitted that one of the occupant of the Bolero vehicle which was subject matter of interception and attack has been examined as P.W. 7 Dinesh Singh Yadav and he has described the role of giving fatal blow against Birendra Yadav who is not the appellant here. Considering the facts and circumstances, the appellants Mahendra Yadav, Lalan Singh @ Lalan Singh Yadav, Budhan Singh and Bhuar Singh @ Bhuar Yadav, during the pendency of this appeal, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Bhanu Pratap Singh, the learned Additional Sessions Judge, Fast Track Court No. 3rd/his successor court, Buxar in Sessions Trial No. 20 of 2008. All the appeals have been heard together. KKSINHA/- (Shyam Kishore Sharma, J.) (Amaresh Kumar Lal, J.)

Applicable IPC Section: 398

Statute Text:
Section 398 of the Indian Penal Code. Attempt to commit robbery or Dacoity when armed with deadly weapons. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.