IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40169 of 2011 ====================================================== Udai Sharma .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.40245 of 2011 ====================================================== 1. Karn Paswan @ Chitranjan Paswan 2. Pujan Paswan .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 30-11-2011 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 08.08.2011 in a case registered under Sections 328 and 307/34 of the Indian Penal Code. Though, the informant subsequently died but it is submitted that still Section 302 of the Indian Penal Code has not been added. From the F.I.R. it appears that Mantu Sharma and Uday Sharma administered poison in the liquor to the informant when subsequently, the other petitioners Karn Paswan @ Chitranjan Paswan and Pujan Paswan thrown the victim in the bushes. The postmortem reflects only one abrasion on the left scapula region. Considering the fact that the accusation of administering poison is against Mantu Sharma and Uday Sharma, I am not inclined to grant bail to Uday Sharma. Accordingly the bail application of Uday Sharma is rejected, however he may pray for bail on receipt of the viscera report. So far as other two petitioners are concerned, since there is only accusation of throwing the victim in the bushes, let the above named petitioners Karn Paswan @ Chitranjan paswan and Pujan Paswan be released on bail on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Daudnagar in connection with Uphara P.S. Case No. 38/2010. Amrendra Kumar/- (Dinesh Kumar Singh, J)