Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26870 of 2011 ====================================================== Dilip Thathera, S/o late Janki Sao, resident of Mohalla-Barki Delha, Dahniya Bagicha, P.S. Delha, District-Gaya .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06. 13-03-2012 Heard the parties. The petitioner is in custody in connection with Delha P.S. Case No. 23 of 2011 for offence punishable under [STATUTE] and subsequently Section 412 was added to the set of allegations. The F.I.R. is against 5 to 6 unknown offenders who committed dacoity in the house of the informant and while doing so they shot dead her husband. The name of the petitioner has transpired by reason of a confessional statement made by a co- accused Vijay Paswan. It is stated that although the Police has recorded recovery of certain items said to be part of the looted goods but neither there is any seizure list to that effect nor the items so recovered have been put on T.I. Parade for identification by the informant. He further submits that the co-accused on whose confession the petitioner has been roped in the present case, namely, Vijay Paswan, has since been released on bail by a Patna High Court Cr.Misc. No.26870 of 2011 (6) dt.13-03-2012 2 Bench of this Court. Regard being had to the circumstances and the materials on record, let the petitioner Dilip Thathera be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 23 of 2011 subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. S.Sb/- (Jyoti Saran, 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.