Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36744 of 2012 ====================================================== 1. Mossadi Sah S/O Dayaram Sah @ Daya Sah Resident of Village Kanuani, P.S. + District Sheohar. 2. Ramautar Sahni S/O Late Raghu Sahani R/O Village Meenapur, Balaha (Tribhuvan Tola), P.S. Piparahi, District Sheohar. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . Initial accusation is of assaulting the victim and snatching motor cycle of the brother of petitioner no. 1 from the deceased and subsequent accusation is of giving poison through liquor. It is submitted that postmortem report reflects no external injury particularly resisting injury and only on suspicion accusation has been levelled when viscera has been preserved. It is orally submitted that the petitioners have no criminal antecedent. Patna High Court Cr.Misc. No.36744 of 2012 (2) dt.26-09-2012 2 / 2 2 Considering the circumstantial nature of accusation, let the petitioners 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 Peparahi P.S. Case No. 22 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheohar, 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.