IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50282 of 2007 GAUTAM YADAV & ORS Versus STATE OF BIHAR ----------- 3/ 06.05.2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under sections 328 and 302/34 of the Penal Code. Learned counsel for the petitioners submits that the allegation is that the petitioners along with the deceased, who were friends, were consuming toddy but the accused persons gave poison in the toddy of the deceased, due to which he died during treatment in Referral Hospital, Barari. He further submits that it is admitted that the petitioners were friends of the deceased and hence there was no question of any enmity or mens rea for the said offence. He also submits that there is no eye witness to the alleged occurrence and during the entire investigation only apprehension of the petitioner’s involvement has been shown. He further states that the petitioners have been falsely implicated due to village politics as the deceased might have died due to consuming toddy in empty stomach and according to the post mortem report exact cause of death could not be ascertained. He also avers that the petitioners are in custody since 18.08.2007 although they have got no criminal antecedent. Considering the facts and circumstances of the case, this petition for bail is allowed. Accordingly, let all the three petitioners, namely, (1) Gautam Yadav, (2) Guddu Halwai and (3) Jamal - 2 - Mushahar be admitted to bail on executing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Barari P.S. Case No. 44 of 2007. MPS/ ( S. N. Hussain, J. )