IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46173 of 2008 SURENDRA RAI Versus STATE OF BIHAR ----------- 2. 28.11.2008 Heard Sri Kumar Virendra Narayan, Advocate for the petitioner and the learned A.P.P. for the State. The case is under Sections 399 and 402 IPC and the petitioner is named in the FIR on account of being named by a co-accused who was caught on chase allegedly by the police. The contention is that mere assemblage may not be sufficient to infer that it was after having made preparation to commit dacoity. The further contention is that the assemblage might be for committing more serious an offence than dacoity. The contention further is that naming the petitioner by a co-accused could not be sufficient. Let the above named petitioner 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 Fast Track Court-IInd, Saran, Chapra in Sessions Trial No.390 of 2008(Pannapur(Masharakh)P.S.Case No.144 of 2003). B.Kr. ( Dharnidhar Jha, J. )