IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37206 of 2011 Munna Prasad Versus The State Of Bihar ----------- 2 21-11-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is an accused in a case registered only under Section-398 of the Indian Penal Code. Allegedly, the petitioner sustained injury while he alongwith others were trying to cut the gate of the bank for committing dacoity. Admittedly, section-398 of the Indian Penal Code is not a substantive offence and 398 comes in a picture when an accused is found being armed with deadly weapons at the time of attempting to commit dacoity or robbery. Learned counsel appearing for the petitioner submits that the petitioner does not have any criminal antecedent which has specifically been asserted by him at paragraph-11 of his petition and as a matter of fact, the petitioner has been roped in this case on account of village rivalry. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Munna Prasad be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with 2 Minapur P.S. Case No. 123 of 2011 to the satisfaction of Chief Judicial Magistrate, Muzaffarpur. A.K. Vishwakarma/- (Hemant Kumar Srivastava, J.)