IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30043 of 2009 Nirala Kumari Versus State Of Bihar & Ors ----------- 4/ 9.11.2011 Heard learned counsel for the petitioner on the petition which seeks cancellation of an order of bail passed by the learned Sessions Judge, Bhagalpur in ABP No. 848 of 2009. The contention is that while granting bail to the respondent nos. 2 and 3, the learned court below was ignoring the orders earlier passed by the same court on regular bail petition by which the prayer of other similarly situated accused persons were rejected and those accused persons were granted regular bail by this Court in Cr. Misc. No. 33692 of 2008. May be that one of the judges may have refused the prayer for regular bail in a fact situation but, considering that there was a probability appearing from the reports of investigation that the deceased might have committed suicide by swallowing poison, the liberty of the two respondents which have been secured by order impugned, could not be curtailed or shortened. If there was a reasonable probability of the view which was taken by the learned judge in light of the very investigation, then the order cannot be said to be perverse and outside the discretionary jurisdiction of the Sessions Judge, Bhagalpur requiring an interference by this Court. The order appears properly passed and in that light, the petition seeking cancellation of bail by which the two respondents 2 were admitted to anticipatory bail under section 438 Cr.P.C. is dismissed as of no merit. Anil/ ( Dharnidhar Jha, J.)