Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1495 of 2012 ====================================================== Khajanti Sah, son of Bhikhari Sah, resident of Village- Birti Tola, Amaithia, Police Station- Yogapatti, District-West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Union of India through Regional Director, Narcotic Control Bureau, Lucknow .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------ 4 05-09-2012 Heard Sri Sanjay Kumar no.7, learned counsel for the petitioner and Sri Ram Naresh Rai, learned Addl. Public Prosecutor. This is the second attempt for grant of bail. Earlier prayer for bail of the petitioner was rejected on 11.03.2011 vide Cr.Misc.No.40347 of 2010. Keeping in view the fact that the petitioner was in custody since 14.08.2010, the court below was directed for taking steps so that the case may come to its logical end without unnecessary delay. The case was for the offence under [STATUTE] . The allegation was that the petitioner had offered intoxicated dry-fruit to the informant and, as such, Gaya Rail P.S. Case No.148 of 2010 was registered. In this case, by order dated 15.02.2012 a report was called for from the court below, which has been received and kept Patna High Court Cr.Misc. No.1495 of 2012 (4) dt.05-09-2012 2 / 2 2 at Flag-R. Report shows that out of six witnesses, four witnesses have already been examined. In view of the fact that evidence is going on, it would not be appropriate for extending the privilege of bail to the petitioner. The prayer for bail stands again rejected. The court below is required to proceed with the case expeditiously, so that the case may come to its logical end without unnecessary delay. The prosecution is also directed to render full co-operation to the court below. With above observation, the petition stands dismissed. NKS/- (Rakesh Kumar, 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.