Case Facts:
Patna High Court Cr.Misc. No.9718 of 2012 (2) dt.15-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9718 of 2012 ====================================================== Naiyyar, son of Late Sattar, resident of Village- Bara Istambarar, Police Station- Jokihat, District- Araria. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 15-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Jokihat P.S. Case No. 170 of 2010, registered under [STATUTE] . It is alleged that Punam Devi has been done to death by poisoning. However the informant in his statement and Fardbeyan stated that he learnt about this fact from another person. Hence, admittedly, he is not eye witness of the occurrence. However, it is alleged that Mustaque, Naiyar, Naushad and this petitioner, brother-in-law of Mustaque administered poison to the victim. However, learned counsel for the petitioner submits that there is no eye witness to the occurrence and co-accused Bibi Kosharin @ Kosharin, wife of Mustaque having similar allegation has been granted bail by this Court in Cr. Misc. No. 3738 of 2011. The petitioner is in jail custody since 10.12. 2011. Under the above facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 170 of 2010. m.p. (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.