IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21439 of 2009 KANHAIYA PRASAD @ KANHAI PRASAD Versus THE STATE OF BIHAR ----------- 03 26.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 307, 328 and 379/34 of the Indian Penal Code. Allegation as per F.I.R. is that the petitioner obtained confidence of the victim and took him along in Car. On way he was offered a drink which contains intoxicating material. Resultantly he became unconscious. He was then robbed of all the belongings details whereof have been disclosed therein. Learned counsel submits that the date of occurrence is 23.4.2009, whereas the case was instituted on 28.4.2009. It is next contended that there is no material on record to indicate that the petitioner was admitted to any hospital. Learned A.P.P. opposes the prayer. It has been pointed out that from different statements contained in paragraphs 4, 5, 6 and 7 of the case diary, it appears that the statement of the victim was taken while he was at the hospital itself. 2 Petitioner is in custody since 8.5.2009. In the facts and circumstances of the case, this Court is not inclined to admit the petitioner on bail. Prayer for bail is accordingly rejected. Petitioner, however, is at liberty to renew prayer for bail after six months, if in the meanwhile the trial of the case is not taken up. P.K. ( K.K. Mandal, J.)