Case Facts:
Patna High Court Cr.Misc. No.20149 of 2012 (2) dt.30-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 20149 of 2012 ====================================================== Md. Sahil S/O Md. Mustapha @ Mukhtar Resident Of Village- Gathiya, P.S.- Patauna, District- Madhubani. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Jainagar P.S. Case No. 71 of 2011 dated 05.11.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that this is a case where the petitioner who has tried to help the victim/informant has been made an accused himself. It is submitted that as per the F.I.R., the petitioner was met on the platform by an old man and a young boy. The old man offered the informant a cup of tea which he drank. Thereafter, the informant along with the old man and the young boy proceeded towards the bus stand. It is alleged that two more persons including the petitioner accompanied them while they were going towards the bus stand. On the advise of the young Patna High Court Cr.Misc. No.20149 of 2012 (2) dt.30-05-2012 boy, the informant handed over his bag to the old man for carrying. The informant then felt giddiness. The old man then disappeared with the luggage of the informant and the two young fellows including the petitioner gave him support and assured the informant that his luggage would be brought back. The informant then moved around with the two young fellows including the petitioner and in this process, it became morning and then they reached near Rampur Hotel where the informant told the villagers what had happened upon which the petitioner along with the other young man was caught and handed over to the police. It is submitted by learned counsel for the petitioner that if the petitioner was involved in such activities then he would not have remained with the informant for such a long period and would have also not moved around with him. It is further submitted that the informant had handed over his luggage to the old man at the behest of the other young boy who was with the old man and in this whole episode the petitioner had absolutely no role. It is further submitted that if the petitioner had any bad intention then he could easily have gone away when the petitioner felt giddiness and this itself proves the bonafide of the petitioner who as a good citizen came forward to help the informant. It is further submitted that the petitioner has clean antecedent and is in jail since 04.11.2011. Learned A.P.P. for the State submits that the Patna High Court Cr.Misc. No.20149 of 2012 (2) dt.30-05-2012 petitioner tried to follow the informant and was having part of the gang which had stolen the luggage and does not deserve the privilege of bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Addl. Sessions Judge, Samastipur in connection with Jainagar P.S. Case No. 71 of 2011. This application, accordingly, stands disposed off. Anand Kr. (Ahsanuddin Amanullah, 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.