Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36257 of 2012 ====================================================== 1. Pramod Choudhary S/O Raju Choudhary Resident Of Village- Rana Nagar, P.S.- Muffasil, District- Gaya .... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 26-09-2012 Heard the learned counsel for the petitioner and the State. This is a petition for grant of regular bail for offence under [STATUTE] and 25(1-b)a, 26 and 35 of the Arms Act with regard to recovery of fire arm. The petitioner is in jail since 19.02.2012. The learned counsel for the petitioner submits that there two cases against the petitioner. Hence, having regard to 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/- (rupees ten thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 63 of 2012 Tr. No. 2257 of 2012 to the satisfaction of Sri Anand Kumar Singh, Judicial Magistrate, 1st Class, Gaya, subject to the condition that one of the bailors shall be a close relative of the petitioner, who will affidavit to the effect that the petitioner has only two cases to his credit and the trial Court, on being satisfied, shall accept the bail bond, the petitioner shall not indulge in such activity further and if he indulges, then, the deponent must inform the Court about the indulgence of the petitioner and the Court below, itself, shall, proceed to cancel the bail bond of the petitioner and the petitioner will file hazari in the nearest Police Station once in fortnight for six months and if any criminal activity of the petitioner is pointed out, then, the trial Court shall proceed for cancellation of the bail bond. SA/- (Gopal Prasad, J)

Applicable IPC Section: 402

Statute Text:
Section 402 of the Indian Penal Code. Being one of five or more persons assembled for the purpose of committing Dacoity. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.