Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19026 of 2012 ====================================================== 1. Binod Mahato S/O Shri Rajendra Mahto Resident Of Village- Bihara, P.S.- Bihra, District- Saharsa. .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 28-05-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Saharsa P.S. Case No. 215 of 2009 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that though he has been made an accused in a case of kidnapping for ransom but in the F.I.R he is not named. It is submitted that only on the basis of suspicion he has been made accused. Learned counsel draws the attention of this court to Annexure- 2 of the application which is a statement by the victim boy under section 164 of the Code of Criminal Procedure, 1973 in which he has not taken the name of the petitioner in any Patna High Court Cr.Misc. No.19026 of 2012 (2) dt.28-05-2012 2 capacity. Learned counsel submits that the court below has erroneously rejected the application for bail only on the ground that he has criminal antecedent. It is submitted that the merits of the present case have not at all been considered. Learned counsel further submits that he is in custody since 2.2.2012. Learned A.P.P. for the State on the other hand submits that the court below has merely rejected the prayer for bail on the ground that the petitioner has criminal antecedent. Considering the facts and circumstances of the case, let the petitioner, named above, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 215 of 2009. The petitioner shall also give an undertaking that he shall not be involved in any criminal activity and any violation of the terms and conditions shall lead to cancellation of his bail. ahk/- (Ahsanuddin Amanullah, 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.