Case Facts:
Patna High Court Cr.Misc. No.2715 of 2012 (2) dt.09-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2715 of 2012 ====================================================== Ram Ekbal @ Ram Ekbal Prasad .... .... Petitioner. Versus The Union Of India Through Director, N.D.P.S., Lucknow. .... .... Opposite Party. ====================================================== with Criminal Miscellaneous No.5288 of 2012 ====================================================== Anil Kumar Sah @ Anil Sah .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 09-02-2012 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 28.02.2011 and 30.10.2011 respectively in a case registered for the offences punishable under [STATUTE] . and under Sections 8 and 22 of N.D.P.S. Act. It is alleged that by administering some intoxicated through tea articles of the informant were taken away on the Railway platform. Four persons were apprehended on spot from whom 4 Ativan tablets were recovered. It is submitted by learned counsel for the petitioner Ram Ekbal @ Ram Ekbal Prasad that there Patna High Court Cr.Misc. No.2715 of 2012 (2) dt.09-02-2012 is no recovery from him. None appears for the petitioner Anil Kumar Sah @ Anil Sah. Petitioner Anil Kumar Sah was not apprehended on spot nor any recovery has been made from him and his name surfaced in confession of co- accused. Considering the aforesaid facts, let the petitioners above named 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 1st Additional District and Sessions judge, Siwan in connection with Siwan Rail P.S. Case No. 04 of 2011. U.K./- (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.