Case Facts:
Patna High Court Cr.Misc. No.29414 of 2012 (5) dt.27-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29414 of 2012 ====================================================== Bal Krishna Sahani .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 5 27-09-2012 Heard learned counsel for the parties. This is an application for grant of regular bail for the offence under [STATUTE] . From the impugned order of learned Additional Sessions Judge-VIth, Muzaffarpur, the only material against the petitioner reflects that the apprehended co-accused confessed their guilt disclosing the name of this petitioner along with three others as their associates. Learned counsel for the State contended that the victim has named this petitioner in his confessional statement recorded under section 164 Cr.P.C. wherein he disclosed that one person was uttering the name of this petitioner to get down along with arms. Learned counsel for the petitioner submits that, Patna High Court Cr.Misc. No.29414 of 2012 (5) dt.27-09-2012 however, the victim has not specifically identified this petitioner nor this petitioner has been put on T.I.P. It is further submitted that the petitioner has no criminal antecedent and similarly situated co- accused, Lal Babu Singh, in whose statement the name of this petitioner transpires has been granted bail by this Court vide order dated 14.3.2012 passed in Cr.Misc. No.3809/12. Hence, having regard to the facts and circumstances of the case, let the aforesaid petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Muzaffarpur, in Bochahan P.S.Case No.211/10 subject to the conditions that one of the bailers shall be near relative of the petitioner who will file affidavit to this effect that the petitioner has no criminal antecedent and the trial court on being satisfied about the criminal antecedent of the petitioner shall confirm his bail bond. AnilKrSinha/- (Gopal Prasad, J)

Applicable IPC Section: 364A

Statute Text:
Section 364A of the Indian Penal Code. Kidnapping for ransom, etc. Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life, and shall also be liable to fine.