IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6787 of 2010 MAHENDRA DAS, Son of Babua Das, Resident of village Dharmpura, P.S. Shakurabad, District Jehanabad …. Petitioner Versus STATE OF BIHAR …… opposite party ----------- For the petitioner : Mr. Rama Kant Sharma, Sr. Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------ 4 28.04.2010 Learned counsel for the State files affidavit stating therein that the concerned viscera report has already been received by the office of the Court, which is available on record. Report available in sealed cover has been opened in the Court. It has been submitted in the report that the Aluminium Phosphide has been detected in the sample of viscera. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under Sections 328/302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation is general and omnibus against all the accused persons of administering wine along with poison. However, it is submitted that final form has 2 been submitted with regard to other co0accused persons. Learned counsel for the State submitted that the allegation against the petitioner is that he called upon the deceased and there is direct allegation that he along with his associates administered poison, which is supported by the report of chemical analysis of viscera disclosing the presence of as highly poisonous substance Aluminium Phosphide. Having regard to the facts and circumstances of this case and the gravity of the nature of allegation against the petitioner as well as report regarding examination of viscera, I am not inclined to grant bail to this petitioner. As a result this application is dismissed. Let the viscera report be sealed and send back to the concerned Forensic Science Laboratory so that it can be immediately sent by it to the concerned court. Spd/- (Dr. Ravi Ranjan, J.)