Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15614 of 2012 ====================================================== Md. Alauddin S/O Md. Jainul R/O Vill-Fulkaha Bazar, P.S.-Fulkaha, Distt- Araria. .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 3 28-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in S. T. No. 64 of 2012 arising out of Jogbani Rail P.S. Case No. 15 of 2011 dated 29.10.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the allegation is frivolous in the sense that it is only due to surmises and conjectures and on the basis of mere suspicion that the petitioner has been made an accused. It is alleged that he gave tea and biscuits to the victim which made him unconscious. Further, without going into the merits he submits that the offence is of petty nature and the petitioner is in custody since 30.10.2011. Learned A.P.P. for the State submits that the petitioner Patna High Court Cr.Misc. No.15614 of 2012 (3) dt.28-05-2012 2 has committed a crime which is very common and has tried to take undue advantage of passengers on railway platform. Considering the facts and circumstances of the case, let the abovenamed petitioner 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 Additional Sessions Judge- 2, Katihar in connection with Sessions Trial No. 64 of 2012 arising out of Jogbani Rail P.S. Case No. 15 of 2011. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 328

Statute Text:
Section 328 of the Indian Penal Code. Administering stupefying drug with intent to cause hurt, etc. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.