IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6534 of 2011 Vijay Yadav @ Vijay Kumar Yadav @ Vijay Kumar son of Sri Sukhdeo Yadav Versus The State Of Bihar ----------- 4. 27.9.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.302, 379, 427/34, 120B of the Indian Penal Code as well as 3, 4, 5 of the Explosive Substance Act and 27 of the Arms Act. The prosecution case is that five persons were done to death by the named accused persons including the petitioner. The submission of the Counsel for the petitioner is that before the present occurrence the deceased had filed an informatory petition that he was being threatened, in which the petitioner was not named. Subsequent to this First Information Report one Dinesh Yadav, son of Mahabir Yadav had filed a protest petition, in which also the petitioner has not been named. The petitioner was else where and therefore he was not able to participate in this occurrence and the informant is the only eye witness. The further submission is that the co- accused Rajeshwar Soren similarly placed has been granted bail. Learned Counsel for the informant opposes the prayer for bail. - 2 - Having heard the parties and finding that the petitioner is named in the First Information Report as one of the participants of the occurrence, wherein five persons were done to death and the fact that co-accused Rajeshwar Soren in fact was granted bail on erroneous arguments that Dinesh Yadav, who had filed a protest petition-cum-complaint petition in the present case, was the brother of the informant which was factually incorrect, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. The Trial Court is directed to expedite the trial. The Trial Court is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the S.P., Banka and the S.P., Banka is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, J. )