IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40962 OF 2009 1. BASO CHAUDHARY @ BASUDEO CHOUDHARY, SON OF RAMESHWAR CHOUDHARY 2. UMESH CHOUDHARY, SON OF KARU CHOUDHARY BOTH RESIDENT OF VILLAGE MORMA, POLICE STATION ROH, DISTRICT NAWADA 3. BAKU LAL CHOUDHARY, SON OF KARA CHOUDHARY 4. ANJU CHOUDHARY, SON OF KEDAR LAL CHOUDHARY 5. SANJAY CHOUDHARY, SON OF BAKU LAL CHOUDHARY 3-5 RESIDENT OF VILLAGE VENDI, POLICE STATION ROH, DISTRICT NAWADA …………………………………………………………………….OPPOSITE PARTIES VERSUS THE STATE OF BIHAR ******** 2 08/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioners submits that initially in the First Information Report, there is no allegation that poison was administered to the deceased. It is submitted that apart from the family members, none of the independent witnesses have stated that poison was administered and as such the introduction of this aspect of the case is an afterthought. Counsel for the petitioners may be right in submitting so, but this Court cannot appraise the evidence at this stage of the case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)