IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33251 of 2008 BIRO YADAV S/o- Kirat Yadav R/o- Village- Purani Ishua, P.S., Sharmera, District- Nalanda at Biharsharif Versus STATE OF BIHAR ----------- 2. 21.10.2008 Heard learned counsel for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. Petitioner is an accused in a case for the offences registered under Sections 328/302/120(b) of the Indian Penal Code. The allegation against the petitioner and other named co-accused are to the effect that they distributed “Prasad” on the occasion of Saraswati Puja and on taking such “Prasad” several persons fell ill and three children died. It is submitted on behalf of the petitioner that although the petitioner was also one of the persons who distributed the “Prasad” but they had absolutely no knowledge or intention to the effect that the “Prasad” is poisonous or anything like that. As such, petitioner cannot be held responsible for committing such offence. It is further submitted that similarly situated co- accused namely, Ramchandra Yadav has been granted anticipatory bail by this court vide order dated 11.09.2008 - 2 - passed in Cr. Misc. No. 32874 of 2008. (Annexure-2) Considering the submissions as made above as well as the materials brought on record and the averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 09 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)