IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10598 of 2009 1. KANAHAI KUMAR son of Rajendra Mahto, 2. Govind Kumar son of Nand Kishore Mahto, both residents of mohalla Beldar Toli Loha Ka Pul, P.S. Mehandiganj, District Patna… …Petitioners Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioners: Mr. Ashok Kumar Jha, Advocate For the State: Mr. Dinesh Singh, A.P.P. ----------- 5 14.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case registered under section302/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that allegation against petitioner no. 1 Kanahai Kumar is only to the extent that he had taken away the victim on his “Thela”, but seeing the informant he had fled away. The injured died later on. However, the allegation against the petitioner no. 2 is that he along with accused Manohar Mallah forced the deceased to drink liquor while his ten years old son Rohit Kumar was also along with him who has stated everything to the informant. Aforesaid Rohit Kumar has also supported the prosecution case during the course of investigation. 2 On earlier occasion, report on sample of the viscera of the deceased was called for from the Director, Forensic Science Laboratory on 03.09.2009. The report has been received under sealed cover. The report aforesaid discloses that on the examination, it was found that aluminium phosphide, which is commercially known as „Celphos‟ and was highly poisonous substance, was present along with the ethyle alcohol. Learned counsel for the State submitted that the viscera report goes to show that the deceased was poisoned. Learned counsel for the petitioners further submitted that co-accused Rajendra Mahto and Suresh Kewat have already been granted bail vide order dated 09.12.2009 in Criminal Miscellaneous No. 14315 of 2009. In the facts and circumstances of the case, and in view of the fact that two persons, who had allegedly assaulted the deceased by fists and slaps had been granted bail by a Bench of this Court, I direct the abovenamed petitioner no. 1, Kanahai Kumar, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of 3 the Chief Judicial Magistrate, Patna City in Mehandiganj Police Station Case No. 39 of 2008. So far petitioner no. 2, Govind Kumar, is concerned, allegation against him is that he along with accused Manohar Mallah had been instrumental in forcing the deceased to drink liquor and the viscera report suggests that highly poisonous substance, commercially known celphos was present, I am not inclined to enlarge him on bail for the present. As a result, the prayer for bail with respect to petitioner no. 2, Govind Kumar, is rejected at this stage. The viscera report has been received from the Forensic Science Laboratory under sealed cover, which was opened in this Court. Let it again be sealed and sent back to the concerned authority immediately and the authority concerned is directed to send the same to the concerned court without any further delay. SC ( Dr. Ravi Ranjan, J.)