IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45749 of 2008 1. Mahadeo Yadav, Son of Late Narayan Yadav. 2. Kumod Yadav, Son of Mahadeo Yadav. 3. Guda Yadav, Son of Mahadeo Yadav. All residents of Village-Dullisar, P.S. Katoria, District- Banka. -----Petitioners. -Versus- The State of Bihar…………………………….Opposite Party. ----------- 2. 3.2.2009. Heard the counsel for the petitioners and the State. Petitioner no.1 Mahadeo Yadav has already been arrested. His application for grant of anticipatory bail has become infructuous as such it is dismissed. Petitioner no.2 Kumod Yadav and petitioner no.3 Guda Yadav are younger brothers of the husband of the deceased. Counsel for the petitioners submits that the offence is alleged under Sections 328,304(B)/34 of the Indian Penal Code. But so far these two petitioners are concerned, they have falsely been implicated simply because they are members of the family. There is nothing specific allegation against them showing participation in administering poison to the deceased. Considering these facts, the prayer for Anticipatory bail on behalf of petitioner no. 2 Kumod Yadav and petitioner no.3 Guda Yadav is allowed. In the event of arrest or surrender within four weeks from today, the petitioners Kumod Yadav and Guda Yadav are directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand)each with two sureties of the like amount each to the satisfaction of the C.J.M., Banka in connection - 2 - with Katoriya P.S. Case No. 120 of 2008 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra,J)