Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15938 of 2012 ====================================================== Manoj Kumar Singh .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-05-2012 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 this petitioner called the victim Baleshwar Paswan. Subsequently, this petitioner and Anil Singh @ Rana Anil Singh brought Baleshwar Paswan to his house in unconscious state. It is submitted by learned counsel for the petitioner that petitioner has got no enmity with deceased and accusation of giving earlier threat to deceased is against Mehi Lal Paswan, Dilip Paswan and Medni Paswan. Post mortem report suggests that the victim consumed some pesticides. It is further submitted that if the pesticides was administered to the victim then he ought to have received some resisting injury. Moreover, the petitioner was not Patna High Court Cr.Misc. No.15938 of 2012 (2) dt.01-05-2012 2 / 2 2 brought the victim to his house. It is further submitted that other accused Anil Singh @ Rana Anil Singh has been granted anticipatory bail by this Court vide Cr. Misc. No. 10660 of 2012. Considering circumstantial nature of accusation, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Mohiuddinnagar P.S. Case No. 02 of 2007 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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.