IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16338 of 2009 RAMU KUMAR SINGH Versus STATE OF BIHAR ----------- 3 28.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 379 and 328 of Indian Penal Code. Allegation is that the vehicle was taken away by unknown persons after giving the driver and Khalashi intoxicated gutka whereafter they become unconscious. It appears that the vehicle was subsequently recovered from the premise belonging to one Dharam Prasad. The evidence is that this petitioner had come on the previous evening and cajoled member of the family to keep the vehicle. So far the allegation under section 328 is/are concerned, there is no direct evidence that this petitioner gave/treated intoxicated gutka. Learned counsel submits that the petitioner is in custody since 26th December, 2008. He also asserts that the petitioner has absolutely no criminal antecedents. In the facts and circumstances of the case, let petitioner above named 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 learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj 2 P.S. case no. 272 of 2008 subject to the condition that one of the bailers will be own/close family member of the petitioner. pkj ( Kishore K. Mandal, J. )