IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35459 of 2008 SUDAN YADAV @ SUMAN YADAV Versus THE STATE OF BIHAR ----------- 02/ 16.09.2008 Heard. The petitioner is in custody not because he was caught at the spot, but because the persons, who were caught at the spot implicated the petitioner, as a person, who had run away from the scene of the occurrence. The allegation is that the petitioner and other accused persons had assembled with fire arms with intent to commit dacoity after having made preparation in that behalf. The contention is that on account of not being found at the spot the allegations could not be said to be true. The further contention is that even if assuming that the petitioner was one of the persons, who had assembled, the purpose could not be only of committing dacoity rather it could even be commission of a more serious offence and in that view the offences under Sections 399 & 402 IPC may not be attracted. Let petitioner Sudan Yadav @ Suman Yadav be released from custody on furnishing a bond of Rs.3,000/- - 2 - (three thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. I, Khagaria in connection with Sessions Trial No. 375 of 2006 arising out of Gogri P.S. Case No. 220 of 2004. DKS/ (Dharnidhar Jha, J)