IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37398 of 2009 DINESHWAR MISHRA SON OF LATE BHAGWAT MISHRA, RESIDENT OF MOHALLA-BHIKHANPURA, P.S. SADAR, DISTRICT – MUZAFFARPUR. ………………………………..Petitioner. Versus 1. THE STATE OF BIHAR. 2. RATNESH KUMAR PATHAK SON OF NAWAL KISHORE PATHAK, RESIDENT OF MOHALLA/VILLAGE- BANKIPUR GORAKH, P.S. FATUHA, DISTRICT-PATNA. .………………………………..Opposite Party. ----------- 02/ 18.11.2009 Heard Mr. Arvind Kumar Verma, learned Counsel for the petitioner and learned APP for the State. The petitioner is aggrieved on account of grant of bail on 05.05.2009 vide Cr. Misc. No. 851 of 2009 to O.P. No. 1. According to learned Counsel for the petitioner, the death was on account of administration of poison which was confirmed after viscera examination report. The order dated 05.05.2009 is available with the record in which it has been stated that the doctors who have treated the deceased have been examined under Section 161 of the Code of Criminal Procedure and they have stated that the deceased had died due to diarrhoea. The Senior Superintendent of Police has found that proper treatment was given to the 2 informant’s daughter but she could not survive. It is not a case of concealment. Every aspects of the matter were considered. The bail can only be cancelled if some serious circumstances are available. Those circumstances are not available with the record. Hence, prayer for cancellation of bail is rejected. kksinha/- ( Shyam Kishore Sharma, J. )