Case Facts:
Patna High Court Cr.Misc. No.3593 of 2012 (2) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3593 of 2012 ====================================================== Md. Salam son of Md. Abdul .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Suraj Pd. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 29.2.2012 Supplementary affidavit filed today on behalf of the petitioner be kept on the record. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] . The petitioner was refused bail by an order dated 2.9.2011 vide Cr.Misc.No.28491 of 2011 since some witnesses examined [STATUTE] he stolen Mobile. The prayer for bail has been renewed on the ground that the witness, who had named the petitioner, has been examined during trial and he did not identify the petitioner in dock. In view of such, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the Patna High Court Cr.Misc. No.3593 of 2012 (2) dt.29-02-2012 satisfaction of Sri R.S. Sinha, A.D.J., F.T.C. Vth, Munger in connection with S.C. No.341 of 2011 arising out of Kotwali P.S. Case No.77 of 2009, subject to the conditions (i) That one of the bailor shall be Md. Kalam, brother of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. The Trial Court (A.D.J., F.T.C. Vth, Munger) is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the S.P., Munger and the S.P., Munger is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, 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.