IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39190 of 2008 ANIL KUMAR @ ANIL KUMAR YADAV Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr.Birendra Kumar, Advocate. For the informant: Mr. Manish Kumar No.2, Advocate. For the State : Mr. Upendra Kumar, APP. 03 22.12.2008 Petitioner seeks bail in a case instituted under Sections 328 and 307/34 of the Penal Code. As per allegation in the First Information Report, the petitioner caught hold of informant by hand. It further appears that another co-accused Pradeep Kumar opened the mouth of the informant whereafter, co-accused Vinjay Kumar is said to have administered poisonous like substance into the mouth of the informant. The First Information Report itself indicates, that thereafter, the victim went to his home disclosed the facts to the inmates and thereafter carried to the hospital where he was given medical assistance. Learned counsel for the petitioner referring to the averments made in the First Information Report submits that the motive is not directly against the petitioner. According to the First Information Report itself the informant and his family had animosity with the family of father of one of the co-accuseds, namely, Vinay Kumar who is said to have administered poisonous like substance into the mouth of the petitioner. Learned counsel for the petitioner further highlights that the doctor, on medical 2 examination, found some intoxic kind of substance which is said to have been administered to the informant. It is further submitted that petitioner is in custody since July, 2008. It has further been categorically stated before this court that petitioner does not carry any criminal antecedent. This court, in particular facts of the case, is inclined to admit the petitioner to bail. Let the petitioner, namely, Anil Kumar @ Anil Kumar Yadav, 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 the Sub Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati ( Dobhi) P.S. Case No. 180 of 2008, subject to the condition that one of the bailors should be the own/close family member of the petitioner. Sym ( Kishore K. Mandal, J.)