Case Facts:
Patna High Court Cr.Misc. No.5768 of 2012 (2) dt.01-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5768 of 2012 ====================================================== Dr. Nathu Sah@Nathu Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar Singh For the State : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-03-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that informant along with Ramesh Bansfor and Rajesh Bansfor went to work as sweeper in the house of the petitioner and when victim demanded whiskey then this petitioner offered them acid, as a result of consumption of the same they got sick and subsequently Ramesh Bansfor and Rajesh Bansfor died. It is submitted by learned counsel for the petitioner that for the occurrence of 21.08.2011, the fardbeyan was recorded on 23.08.2011, whereas the F.I.R. was registered on 25.08.2011. There is no postmortem report with regard to deceased Ramesh Bansfor as family members did not allow the postmortem to be done, whereas postmortem of other deceased Rajesh Bansfor reflects no external injury and viscera has been preserved. Patna High Court Cr.Misc. No.5768 of 2012 (2) dt.01-03-2012 Considering the delayed lodging of the F.I.R. and the suspicious nature of accusation, let the petitioner namely Dr. Nathu Sah @ Nathu Sah, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Fulwaria P.S. Case No. 146 of 2011. Shageer/- (Dinesh Kumar Singh, 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.