IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32093 of 2008 UMESH MANDAL @ MALKHA MANDAL Versus STATE OF BIHAR ----------- 2 22.08.2008 Heard. The case is under sections 399 and 402 of I.P.C. and some sections of the Arms Act. The petitioner was not caught at the spot and his name has been inserted in the F.I.R on account of being taken by the three accused who were caught at the spot. The contention is that it may not be a case under sections 399 and 402 of I.P.C. because the petitioner and others might have assembled to commit some minor offence than dacoity. The next contention is that because the petitioner was not caught at the spot, there was no recovery. The third contention was that the implication of the petitioner being through confessional statement, the petitioner deserves bail. Let the petitioner Umesh Mandal @ Malkha Mandal is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV (F.T.C.) Supaul in S.T. No. 117/08 arising out of Bhimpur P.S. case no. 36/2007. pkj (Dharnidhar Jha, J)