IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45850 of 2008 KAMESHWAR BAITHA @ UDESHWAR BAITHA---petitioner Versus STATE OF BIHAR-------------opp.party ----------- 2. 15.12.2008 Heard learned counsel for the petitioner and the State. The case has been registered under Sections 399, 402, 307 etc. of the Indian Penal Code as also under some sections of the Arms Act. The police claims to have seized around some criminals who assembled having prepared for committing dacoity and on being challenged faced firing from the criminals. There is some recovery also from the person who was caught on the spot. The petitioner was not caught on the spot. There is no recovery either from him and the contention is that under the facts of the case it could not be stated with certainty that the accused persons could have assembled only for committing dacoity. Might be they could have assembled for committing some more serious offence than dacoity and, as such, Sections of offence do not appear to be applicable. As regards Section 307 of the Indian Penal Code, the contention is that there is absence of any definite allegation of any one to assault and causing injury. 2 Let the petitioner Kameshwar Baitha @ Udeshwar Baitha be released on bail on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, FTC II, Kaimur, in connection with Sessions Trial No. 36 of 2007, arising out of Adhaura P.S.case no. 17 of 2004. (Dharnidhar Jha,J.) spal/