IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36079 of 2009 Jag Narain Mishra @ Jay Narain Mishra, S/O Sidheshwar Mishra, Resident of Village- Baniyadih, P.S- Sherghati, Distt- Gaya. -------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 6 02.08.2010 Heard learned counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for offence under Section 304 of the Indian Penal Code, has a cut out defence that whatever little doubt was expressed by the informant with regard to injecting poisonous medicine seems to be at least not supported by viscera report. He would also refer to paragraph no. 28 of the Case Diary to contend that the allegation of injecting medicine against the petitioner was an after thought. Considering the fact that the petitioner has remained in custody for a period of almost one year (since 10.8.2009) as also that the viscera report does not confirm prosecution story, this Court would direct the petitioner, namely, Jag Narain Mishra @ Jay Narain Mishra to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Raushanganj P.S. Case No. 44 of 2009, subject to the condition that he would give in writing to the court below that at least till trial of this case, he will not give any person medicine or injection in any form and any amount for which he has been made accused in this case. At any point of time if it is found that the petitioner has violated the terms and condition of the present bail, his present bail shall automatically become liable to be cancelled. Rsh (Mihir Kumar Jha, J.)