Case Facts:
Patna High Court Cr.Misc. No.21972 of 2012 (2) dt.19-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21972 of 2012 ====================================================== Manoj Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.06.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Allegedly, one country made loaded pistol and one cartridge were recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that for the same occurrence, two cases were registered. First case was registered as Kishanganj P.S. Case no. 36/2011 under [STATUTE] whereas the present case was registered as Kishanganj P.S. Case no. 37/2011 for the offence under the Arms Act. It is pointed out by him that petitioner has already been acquitted of the charge of Kishanganj P.S. Case no. 36/2011 vide judgment dated 23.3.2012 passed in Sessions trial no. 1171/2011, Trial no. 98/2011. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the period of detention of petitioner who is in jail custody since 3.2.2011, let the petitioner, Manoj Mahto, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case no. 37/2011. Shahid (Hemant Kumar Srivastava,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.