IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41089 of 2009 RAJESH BIND Son of Sri Bhagwan Bind @ Jangali Bind resident of village Kadirganj, P.S. Darigaon (Sasaram0 District Rohtas. Versus STATE OF BIHAR ----------- 2 26/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner facing allegation for the offence under sections 328/302 of the Indian Penal Code would take a plea that even if the entire prosecution case is accepted on its face value there is nothing against the petitioner to connect him with the offences as alleged, inasmuch as, postmortem report does not show any noticeable injury on the person of the deceased and that the allegation of death being caused by poisoning has not yet been confirmed from the Viscera report. This Court would find that the court below has noticed certain statement in the case diary to be sufficient for pointing accusing finger towards the petitioner, but then if the viscera report has not been received as yet nothing conclusive opinion can be ascertained at least with regard to the allegation against the petitioner. Counsel for the petitioner would submit that the viscera report has not yet been submitted and therefore this Court may itself call for viscera report and decide the matter. In the opinion of this Court, in the light of the allegation made in the First Information Report and the materials collected in the case diary, if viscera report alone can be of any rescue of the 2 petitioner, this aspect of the matter can be again looked into by the court below itself and accordingly while rejecting prayer for bail of the petitioner this Court would direct not only the Director of the Forensic Science Laboratory to ensure that the viscera report in connection with Sasaram (Darigaon) P.S.Case No.537 of 2009 dated 11.7.2009 is submitted to the concerned Court within a period of two months from the date of receipt/production of a copy of this order, but also the court below will consider the same for the purpose of bail of the petitioner without being prejudiced by this order. Abhay Kumar (Mihir Kumar Jha, J.)