IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19199 of 2008 SURENDRA YADAV & ANR Versus STATE OF BIHAR ----------- 3. 3.7.2008 Heard. On the occasion of immersion of idol of goddess Saraswati, prasad was distributed amongst the children that turned out to be a stupefied or poisonous substance resulting into quite a good number of children falling ill and five died. Many could be saved by medical attention. The case was registered under sections 328 and 302 of the Indian Penal Code. The chargesheet has come under section 304 of the Indian Penal Code. The contention is that the intent so as to causing hurt or death or any injury as is required under section 328 of the Indian Penal Code may not be said to be present because it was not that only five children, who died , were the persons who were handed over the Prasad, there was a huge number of persons and there was no discrimination in the distribution. The second contention is that on such occasion distribution of prasad was usually done and not under any intent but ultimately doing the finale rituals. Regard being had to the ultimate result i.e. submission of chargesheet under section 304 of the Indian Penal Code, let petitioners namely Surendra Yadav and Nantose Yadav be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief - 2 - Judicial Magistrate, Biharsharif, Nalanda, in connection with Sarmera P.S. case no.9 of 2008. sudip ( Dharnidhar Jha, J )