Case Facts:
Patna High Court Cr.Misc. No.3440 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3440 of 2012 ====================================================== Ravindra Sahni @ Ravindra Choudhary , son of Motilal Sahni. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI) 2 25-01-2012 Heard learned counsel for the petitioner as well as learned Additional P.P. Petitioner along with others were apprehended while they were preparing for commission of dacoity in the State Bank of India, Dalsingsarai Branch, Ujaipur near Dalsingsarai Bus Stand. On search from the possession of the petitioner, one country made pistol six live cartridges, narcotics substance weighing 50 gram and one Nokia mobile set was seized. Contention on behalf of the petitioner is that as the petitioner usually raised voice against the illegal activities of police therefore in case after case he is being implicated by the police and the present one happens to be one of its glaring examples. To support the same further submitted that just to teach a lesson, the informant had bifurcated the occurrence in Patna High Court Cr.Misc. No.3440 of 2012 (2) dt.25-01-2012 three parts for that three first information report was registered one for his under N.D.P.S. Act, the other under [STATUTE] and the third one under the Arms Act, the present. Then submitted that occurrence is of 18.05.2011. The P.O. lies few ferlong away from Dalsingsarai, Civil court. Even then, the first information report of present case was received by the learned Chief Judicial Magistrate on 22.05.2011 in spite of the fact that other first information report bearing Dalsingsarai P.S. Case No. 106 of 2011 (Annexure-2) was received by the learned Chief Judicial Magistrate on 20.05.2011. So this part is sufficient to show the callous activities of the police towards the petitioner and that is sufficient to undo the factum of seizure. Petitioner happens to be under custody since 18.05.2011, the day on which he was apprehended by the police. After having analytical scrutiny of Annexure-1 the present first information report as well as Annexure-2 the first information report of Dalsingsarai P.S. Case No. 106 of 2011 is sufficient to show some unscrupulous activities of the police which for the present entitle the petitioner for a privilege of bail. In the aforesaid facts and circumstances of the Patna High Court Cr.Misc. No.3440 of 2012 (2) dt.25-01-2012 case, petitioner Ravindra Sahni @ Ravindra Choudhary is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai in connection with Dalsingsarai P.S. Case No. 107 of 2011. Md. Ibrarul/- (Aditya Kumar Trivedi, J.)

Applicable IPC Section: 399

Statute Text:
Section 399 of the Indian Penal Code. Making preparation to commit Dacoity. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.