Case Facts:
Patna High Court Cr.Misc. No.29416 of 2012 (3) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29416 of 2012 ====================================================== 1. Bijendra Paswan 2. Subhash Bahrdar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 11-09-2012 Heard learned counsel for the petitioners and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] . It is alleged that four-five persons came and administered tea by which the victim got under the influence of the darkness and then articles were taken away. However, one Nand Kishore Sahani was apprehended and handed over to the police. Learned counsel for the petitioners submits that the petitioners have not been put on Test Identification Parade nor have been named in the First Information Report and the only material against the petitioners is the confessional statement of the co-accused, namely, Nand Kishore Sahani. It is further submitted that the petitioners are in jail since 19.06.2012 but Test Identification Parade has not been conducted and they have Patna High Court Cr.Misc. No.29416 of 2012 (3) dt.11-09-2012 no criminal antecedent. Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Magistrate, Khagaria, District - Khagaria in connection with Saharsa (Banmankhi) Rail P. S. Case No. 28 of 2008, G. R. (R) No. 105C of 2008. Kundan/- (Gopal Prasad, 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.