Case Facts:
Patna High Court Cr.Misc. No.30459 of 2012 (2) dt.22-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30459 of 2012 ====================================================== The State Of Bihar .... .... Petitioner/s Versus 1. Bugal Prasad @ Mulayam Singh Yadav 2. Naresh Prasad @ Naresh Yadav Both sons of Ram Swaroop Prasad Resident of Village- Muhgay, P.S- Sirdalla, District- Nawadah, .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.08.2012 Heard learned Addl. Public Prosecutor for the State and perused the record. This petition has been filed for cancellation of bail granted to the petitioners vide order dated 5.3.2012 passed in Cr. Misc. no. 4713/2012. Learned Addl. Public Prosecutor appearing for the State points out that petitioners were released on bail on 5.3.2012 in a case registered under [STATUTE] but after release from judicial custody they again committed offence for which Sirdalla P.S. Case no. 52/2012 was registered under [STATUTE] . Learned Addl. Public Prosecutor further submits that the aforesaid petitioners have misused the privilege of bail and therefore, their bail granted by this court vide order dated 5.3.2012 passed in Cr. Misc. no. 4713/2012 should be cancelled in view of the decision of the Apex Court of the country. I am not at all convinced with the submissions of learned Addl. Public Prosecutor. Patna High Court Cr.Misc. No.30459 of 2012 (2) dt.22-08-2012 No doubt, one Sirdalla P.S. Case no. 52/2012 has been lodged against the petitioners and other accused persons but admittedly, the aforesaid case has been registered under [STATUTE] whereas petitioners were earlier made accused in Sirdalla P.S. Case no. 126/2011 which had been registered under [STATUTE] and, therefore, it can not be said that petitioners repeated same and similar offence. In view of the aforesaid discussions, this cancellation petition stands dismissed. Shahid (Hemant Kumar Srivastava,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.