Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42266 of 2011 ====================================================== Lallo Sada, son of Late Jugal Sada, resident of Village- Pipar Patti, P.S. Alauli Khagaria (Bihar). .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Nath, Jha, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 27-01-2012 Heard the parties. The petitioner is in custody in connection with Kusheshwarsthan (Tilakeshewar O.P.) P.S. Case No.194 of 2010 for an offence punishable under [STATUTE] . The FIR charges 5-6 persons aged about 25 to 30 years of having committed dacoity in the house of the informant. Although the petitioner is said to have been identified by the informant in the T.I. Parade, but learned counsel submits that considering the statement of the informant that the accused persons were aged between 25 to 30 years, the petitioner aged 66 years could not have been part thereof and is a case of mistaken identification. He further submits that even in absence of any recovery, the petitioner not having any criminal antecedent, has remained in custody since 28.11.2010. Having heard learned counsel for the parties and having considered the materials on record, let the petitioner, namely, Lallo Sada be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) Patna High Court Cr.Misc. No.42266 of 2011 (3) dt.27-01-2012 2 with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Benipur (Darbhanga) in connection with Kusheshwarsthan (Tilakeshewar O.P.) P.S. Case No.194 of 2010 corresponding to S.T. No.93 of 2011, subject to the following conditions: (a) The court concerned before issuing the order for release shall verify the statement of the petitioner of having a clean antecedent and if the said statement is not found to be correct, the petitioner shall not be released. (b) The petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the trial, without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel his bail bonds and to take him into custody. SKPathak/- (Jyoti Saran, 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.