Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2859 of 2012 ====================================================== 1. Lali Paswan S/O Late Bauku Paswan Resident Of Village Bharwar, P.S. Fulkaha, Distt. Araria. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. G.S. Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 13.10.2011 in a case registered for the offences punishable under [STATUTE] . It is alleged against the petitioner that he came along with Upendra Yadav woke up the husband of the informant and took him out outside. When the enquiry was made by the informant from the petitioner and other they threatened the informant. It appears form the bail order dated 13.03.2000 passed in Cr. Misc. No. 32604 of 1999, whereby Upendra Yadav has been granted bail, that during investigation it has Patna High Court Cr.Misc. No.2859 of 2012 (2) dt.10-02-2012 2/2 come that the husband of the informant being a veteran criminal was killed in a police encounter in Nepal. The certified copy of the said order is produced. Let it be kept on record. Considering the fact that other accused has been granted bail, let the petitioner namely Lali Paswan, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Fulkaha) P.S. Case No. 86 of 1998. DKS/ (Dinesh Kumar Singh, J.)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.