Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12601 of 2012 ====================================================== Anand Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 24-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the petitioner took the informant’s son for joining the post of Panchayat teacher when subsequently the petitioner informed through phone that the son of the informant is seriously ill when the informant went to the bus stand and from thereafter informant’s son was brought to the hospital where who was declared dead by the doctor. The specific case of the informant is that the petitioner was not selected for the post of Panchayat teacher and in Patna High Court Cr.Misc. No.12601 of 2012 (3) dt.24-07-2012 2/3 his place the informant’s son was selected, hence, the petitioner killed the informant’s son. It is submitted by learned counsel for the petitioner that the post-mortem report reflects no external injury when the viscera has been preserved and the motive alleged could not get substantiated in the statement of the Panchayat Mukhiya, Headmaster and the Panchayat Secretary recorded in para 35, 41 and 42 of the case diary, whereby they stated that the appointment of the petitioner was never cancelled and the informant’s son was never appointed nor any appointment letter was issued. The alleged telephone call has not been verified by the police. Considering the suspicious nature of accusation let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Begusarai in connection with Begusarai Town P.S. Case No. 217 of 2009, Patna High Court Cr.Misc. No.12601 of 2012 (3) dt.24-07-2012 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.