IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9604 of 2009 GANPATI JHA @ GANPATI MISHRA S/O RAMAKANT JHA RESIDENT OF VILLAGE SHAHPUR P.S.-PANDAUL, DISTRICT- MADHUBANI ….. PETITIONER Versus THE STATE OF BIHAR …..OPPOSITE PARTY ----------- 03 24.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that they have been alleged only on the basis of suspicion. Deceased had come to his father-in- law along with his wife where in an orchard his dead body was found for which it is said that death was due to consuming of poison and petitioner has been alleged for showing the remaining poison left by the deceased. There is counter allegation also, that act of informant and his family member was reason behind the consumption of the poison, but in both the cases only suspicion is there that also on consuming of poison himself by the deceased reason if can be taken as abetment or deceased was forced to consume it by any of the concerned people is lacking. Having regard to the facts and circumstances 2 of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender before the court below within one month from today in connection with Pandaul P.S. Case No. 201 of 2008 corresponding to G.R. No. 1354 of 2008 the petitioner namely Ganpati Jha @ Ganpati Mishra shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand ) with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. P.K. (Mandhata Singh, J.)