Case Facts:
Patna High Court Cr.Misc. No.36715 of 2012 (2) dt.20-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36715 of 2012 ====================================================== Md. Ibraj S/O Late Sk.Buddhan R/O Vill-Belchanda, P.S.-Kursakanta, Distt-Araria .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 20-09-2012 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 20.9.2011 in connection with Kursakanta P.S.Case No. 119/2011/GR No. 2185/2011 (S.T. No.383/2012) for the alleged offences under [STATUTE] . 3. According to the prosecution case the informant and his raiding party found four or five persons sitting by the side of the road at a lonely spot who upon seeing the informant and his raiding party started fleeing. However, three of the accused persons, namely, Upen @ Upendra Mandal, Shankar Thakur and the petitioner were arrested. According to the informant secret information has been received that the accused persons were planning to commit road dacoity. 4. Learned counsel for the petitioner submits that two of the co-accused namely Upen @ Upendra Mandal and Shankar Thakur, both have already been granted bail on 1.3.2012 in Cr. Misc. No. 7907/2012 and in Cr. Misc. No. 8466/2012 respectively. Patna High Court Cr.Misc. No.36715 of 2012 (2) dt.20-09-2012 5. Considering that similarly situated co-accused persons have been granted bail, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Adhoc Additional Sessions Judge 4th, Araria in Kursakanta P.S.Case No. 119/2011/GR No. 2185/2011 (S.T. No.383/2012) on the following conditions - (i) That the petitioner will not indulge himself in any similar other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Chandran (Vikash Jain, 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.