Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12474 of 2012 ====================================================== Roshan Kumar @ Roshan Rai @ Roshan Raj @ Roshan Roy son of Late Rabindra Singh, R/o village-Chiroura, P.S. Naubatpur, District-Patna. .... .... 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 JYOTI SARAN ORAL ORDER 2. 23-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Naubatpur P.S.Case No.186 of 2007 for the offence punishable under [STATUTE] and section 27 of the Arms Act. Learned counsel for the petitioner, with reference to the F.I.R placed at Annexure-1 as well as the F.I.R. instituted by the petitioner placed Annexure-2 to the application, submits that the occurrence in question is an out-come of land dispute between the parties and that although the name of the petitioner finds place in the F.I.R, but except for an omnibus allegation of firing by all the accused, no overt act has been attributed to this Patna High Court Cr.Misc. No.12474 of 2012 (2) dt.23-03-2012 2 petitioner. He submits that there is no injury on the informant’s side rather by the firing made by the informant of the present case, the father of this petitioner succumbed to gun shot injury. Having heard the parties and having perused the materials on record, let the petitioner Roshan Kumar alias Roshan Rai alias Roshan Raj alias Roshan Roy 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 the Additional Chief Judicial Magistrate, Danapur, Patna in connection with Naubatpur P.S.Case No.186 of 2007. ahk/- (Jyoti Saran, 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.