Advocates:
['SMRUTI RANJAN MOHAPATRA', '', 'B GANTHIA', 'B R MOHANTY', 'S HARICHANDAN', 'M K SWAIN', 'L PATTNAIK']

04.

RKS

20.03.2019

Heard the learned counsel for the petitioner and

the learned counsel for the State.

The petitioner being in custody in S.T. Case

No.10 of 2019, arising out of Banki P.S. Case No.207 of

2018, pending in the court of learned Sessions Judge,

Cuttack has filed this petition for his release on bail.

The offence alleged against the petitioner is punishable

under Section 302/34 of I.P.C.

It appears from the materials on record that this

case is based on the circumstancial evidence. The

allegation of the prosecution is that the petitioner

stated to have administer poison to the deceased but,

as it appears from the viscera examination that, no

poisonous substance is found.

No doubt the prosecution has placed reliance on

the statement of the accused persons recorded under

Section 27 of Cr.P.C. but, learned counsel appearing

for the petitioner submits that confession on that part

being distinctly not relating to the fact discovered and

the viscera report, the prosecution has