IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43529 of 2009 ARBI HUSSAIN @ SARDAR HUSSAIN Versus STATE OF BIAHR ----------- 2/ 07.12.2009 Heard. The case has been registered under sections 399, 402 and 400 of the IPC. The police had the report that some criminals had assembled after having made preparation for committing dacoity. The police came to the place of occurrence seeing which the criminal started running away but some of them were chased and caught. The petitioner was one of them. The contention is that presumptive inference that the petitioner or other accused persons had assembled with the preparation of committing dacoity may not be reasonably drawn inasmuch as they might have committed some more serious an offence than the dacoity. It is contended that facts may not constitute offence under which the FIR has been drawn. Regard being had to the facts and circumstances of the case, let petitioner Arbi Hussain alias Sardar Hussain be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional District and Sessions Judge, Madhubani in Harlakhi P.S. Case no. 45 of 2007 (S.T. No. 722 of 2007). Anil/ (Dharnidhar Jha, J.)