Case Facts:
Patna High Court Cr.Misc. No.27101 of 2012 (2) dt.23-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 27101 of 2012 ====================================================== 1. Umesh Yadav 2. Guddu Kumar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 23-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] and 25(1- B)A, 26 and 35 of the Arms Act. The petitioners are in jail since 13.02.2012. Learned counsel for the petitioners submits that the petitioner no. 1 is accused in one case in which he has been acquitted and the petitioner no. 2 has no criminal antecedent. Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Nawada in connection with Kawakole P. S. Case No. 19 of Patna High Court Cr.Misc. No.27101 of 2012 (2) dt.23-07-2012 2012, subject to the condition that one of the bailors shall be the near relative of the petitioners and the bailor shall file affidavit to the effect that the petitioner no. 1 has no criminal case except one in which he has been acquitted and petitioner no. 2 has no criminal antecedent and the trial court on being satisfied shall accept the bail bond of the petitioners. Kundan/- (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.