IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14965 of 2009 1. PAPPU YADAV 2. Ganesh Yadav 3. Bhotu Yadav @ Bhola Yadav 4. Bhairo Yadav Versus The STATE OF BIHAR ------ 3/ 02.09.2009 Learned counsel for the petitioner seeks permission to withdraw the application against petitioner no.2, inasmuch as he has been arrested during the pendency of the application. Such permission is granted. Accordingly, the application is dismissed as withdrawn against petitioner no.2. Heard learned counsel for the petitioners and learned counsel for the State. Dead body of the informant’s father was found and U.D. Case was filed in the year 2004 making no suspicion even against anyone. Submission of the learned counsel for the petitioners is that after four years of the death, complaint was lodged and the same was sent to the Police Station for investigation and in that course, some allegation leveled by the informant’s son of the deceased, doubts its sustainability as no injury of any kind was found on the person of the deceased which could be taken as cause of the death, rather Viscera was kept preserved. Admittedly, deceased took wine in the night. After lapse of such a long period, I find no justification in petitioner’s arrest. Accordingly, the prayer of the petitioner nos.1, 3 and 4 is allowed. 2 In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Banka P.S. Case No. 301 of 2008, above named petitioner nos. 1, 3 and 4 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Banka subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)