IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24783 of 2008 MARKANDEY SINGH Versus STATE OF BIHAR ----------- 3. 4/7/2008 Heard. The case is under Sections 399, 402 and 414 of the Indian Penal Code. The allegation is that the petitioner and others have assembled with gun and cartridges by motorcycle for committing dacoity. There is no finding of the court below that the motorcycle was the subject matter of theft. As regards the recovery of the gun, it is contended that a separate case under the Arms Act has already been registered and the petitioner is being prosecuted in that case. As regards the offences under Section 399 and 402 I.P.C., the contention is that it could be futile for the court and the police to allege that the petitioner has assembled for committing dacoity after having made preparation in that behalf, the petitioner and others might have assembled for committing more serious offence. Regard being had to the contention and the facts, let petitioner Markandey Singh be released from custody on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 22 of 2008. S.Ali (Dharnidhar Jha, J.)