IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33641 of 2008 DINESH SAHNI Versus STATE OF BIHAR ----------- 2. 3.9.2008 Heard. The petitioner is in custody in a case under sections 328, 379 and 411 of the Indian Penal Code and is alleged to have administered some unwholesome substance causing unconsciousness to the informant and also looted all his belongings. The petitioner was in a company of the informant while committing the offence. It is stated that while the informant was unconscious and while his belongings were being stolen, his Mama came and rescued the informant and also his properties and the present petitioner was caught and remanded to custody. The contention is that it could not be probable and natural conduct of a human being even if he could be an offender that the petitioner committed such offence with his acquaintance or a person of neighbouring village. The very evidence in the case reveals that there could be no ethics and conduct and probabilities which could be element of such conduct. Regard being had to the facts and circumstances of the case, I am not inclined to direct release of the petitioner. The petition is dismissed. sudip ( Dharnidhar Jha,J )