IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28802 of 2009 1. GYANCHANDRA PANDEY 2. NIRBHAY PANDEY 3. SUNIL PANDEY ----------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 2 9.10.2009 Learned counsel for the petitioners seeks permission to withdraw this application as during the pendency of this application, petitioner no.2 has been arrested. This application is permitted to be withdrawn as it has become infructuous as against petitioner no.2. Heard learned counsel for the petitioner nos. 1 and 3 and the State. Petitioners have been alleged for administering poison to the deceased in milk, the complaint lodged on behalf of complainant was sent for registering a case which was done and the matter was fully investigated by the I.O. but the police submitted final form exonerating all the petitioners. Thereafter only on protest cognizance is taken and it is stressed on behalf of complainant that one of the relations was there in the house to acknowledge the act of providing of poison in - 2 - milk which appears not believable. Further this much of the suspicion or belief never resulted in resistance raised by the witness by way of informing the villagers or relations before disposal of dead body for their appearance, can never be taken for refusal of anticipatory bail. In the circumstances, the above named petitioner nos.1 and 3 shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the Judicial Magistrate, 1st Class, Kaimur at Bhabhua, in Complaint Case No. 1237/08 corresponding to Tr.no.2628/2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI