IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26302 OF 2009 1. SANJAY KUMAR SINGH ALIAS SANJAY SINGH, SON OF SRI MITHILESH SINGH, RESIDENT OF MOHALLA MAGADH COLONY, ROAD NO.10, P.S. MAGADH MEDICAL, DISTRICT GAYA 2. AHSOK YADAV ALIAS ASHOK KUMAR, SON OF MUNDRIKA PRASAD, RESIDENT OF MOHALLA SHASTRI NAGAR, P.S. RAMPUR, DISTRICT GAYA………………………………………..………….PETITIONERS VERSUS THE STATE OF BIHAR……………..OPPOSITE PARTY ----------- 4. 18.12.2009 Heard learned senior counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The case is under sections 328, 302, 120B and 34 of the Indian Penal Code. The informant, father of the deceased, gave statement in the police station in which he disclosed that his son had left the house in the morning with all cheque books and stamp papers signed by his family members. After some time, he received phone call from his son that he is being assaulted by the accused persons and he called them to come immediately. After receiving the phone call, they proceeded towards Gandhi Maidan and reached near Gas Agency where they found their own Santro car parked and his son lying in the same. By the said Santro car, his son was taken to Magadh - 2 - Medical College & Hospital and on way, his son disclosed that these petitioners and others had assaulted him and had forced him to take cold drink. In the hospital, his son died. Post mortem was conducted and in the post mortem report, some ante mortem injuries were found on the person of the deceased. Viscera was preserved and the same was sent to the Forensic Science Laboratory, Patna for examination. Viscera report was called for in the case which has been received. From the report of the Forensic Science Laboratory it appears that poisonous substance was detected in the fluid identified as Cellphos. Thus, it appears that the deceased was administered poison through cold drink which he was forced to drink. Learned senior counsel for the petitioners submitted that before the informant reached the place of occurrence, three employees of his firm had reached there but the deceased did not disclose the names of the accused to them. The doctor has also said that the deceased was unconscious and, therefore, it is not possible that the deceased, who remained - 3 - unconsciousness, will disclose the names of the accused persons to his father and other relations. Learned counsel for the informant has submitted that it is not necessary that the deceased was all through unconscious and it is quite possible that intermittently, he gained consciousness in which he disclosed the names of the accused persons to his father and other family members. He also referred to paragraph 116 of the case diary to show that the junior doctor, who had initially recorded the case history of the patient in the bed head ticket in the hospital, had mentioned that the same was being recorded on the own statement of the patient. Learned counsels for the informant as well as learned counsel for the State have also refereed to paragraph 136 of the case diary from which it appears that about a week back the deceased had sent a letter to the police expressing fear of life at the hands of the accused persons on account of some money transactions. They have also submitted that the statement of the deceased to his father and - 4 - family members disclosing the names of the accused persons may be treated as dying declaration as soon thereafter, he succumbed in the hospital. Considering the above facts and circumstances and specially considering the letter of the deceased sent about a week earlier to the police, this Court is not inclined to allow petitioners on bail. Therefore, this application is dismissed. Report of the Forensic Science Laboratory received in this Court in original shall be kept in safe custody and shall be sent to the trial court in a sealed cover to ensure the receipt of the same by the court below. B.T (J. N. Singh, J.)