Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16577 of 2012 ====================================================== Upendra Upadhyay, Son of Sri Braj Nandan Upadhyay. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2 03-05-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] . In this case, instituted against unknown, petitioner’s name emerged during investigation. Submission is of false implication without any material and except extra judicial confession, there is nothing against the petitioner. Further, there is nothing recovered from the possession of the petitioner nor he was ever put on test identification parade and except Barachatti P.S. Case No. 274 of 2011, wherein, petitioner is on bail he carries no criminal antecedent. If, it is so, considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, in connection with Kaler P.S. Case No. 4 of 2011, subject to condition to attend the court regularly on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 396

Statute Text:
Section 396 of the Indian Penal Code. Murder in Dacoity. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.