IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12102 of 2008 BIRJU PASWAN @ BRIJU PASWAN & ANR Versus STATE OF BIHAR ----------- 3. 13.08.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a Police case under Section 302 and other provisions of the Penal Code. Denying the allegation, it is submitted that the deceased died for other reasons at much later stage, the charge sheet has been submitted under Section 306 of the Penal Code and not for reasons of consuming drink at the house of the petitioner as alleged. Learned counsel for the State from the case diary submits that the deceased died after approximately 36 hours of the alleged consumption of a drink at the residence of the petitioner. In the facts and circumstances, let the provisional bail granted to petitioner no. 2Urahni Devi @ Ureni Devi by order dated 5.5.2008 is hereby confirmed. Let petitioner no. 1, Birju Paswan @ Briju Paswan surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., S.D.J.M., Samastipur in Dalsingsarai P.S. Case No. 154 of 2007. The viscera is stated to have been sent for examination. The case diary contains no report thereof. Petitioner no. 2 is a lady and stands in a separate category. If the viscera report is submitted with - 2 - regard to presence of poisonous substance, petitioner no. 1 shall be required to surrender and seek regular bail. AKS/ (Navin Sinha, J.)