Case Facts:
Patna High Court Cr.Misc. No.19833 of 2012 (2) dt.14-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19833 of 2012 ====================================================== 1. Md. Suko @ Md. Ekram Khan S/O Late Md. Yusuf Khan R/O Mohalla - Ghasiyar, Police Station - Munger Kotwali, District - Munger .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 14-05-2012 Heard learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] . The petitioner was found along with the air-bag though only allegation is there that he could not disclose about the articles in the air-bag and whatever he has disclosed that was not found in the bag. The learned counsel for the petitioner submits that the petitioner was arrested on suspicion and there is no one to claim that whose bag is this and the petitioner is in jail since 29.02.2012 having no criminal antecedent. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Muzaffarpur Rail P.S. Case No. 19 of 2012 to the satisfaction of the Railway Magistrate, Sonepur. SA/- (Gopal Prasad, J)

Applicable IPC Section: 401

Statute Text:
Section 401 of the Indian Penal Code. Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.