IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39398 of 2008 INDRADEV SINGH Versus STATE OF BIHAR ----------- 5 26.10.2009 This is a case of carnage in which FIR was lodged under Sections 147, 148, 149, 452, 341, 323, 324, 326, 302/34 of IPC and 27 of the Arms act with the allegation that as many as 200 extremists surrounded the P.O. village and 15-20 persons entered into the village and 3 persons, namely, Naresh Yadav, Laldeo Yadav and Surendra Yadav were shot dead by them. There was specific allegation in the FIR that the petitioner had fired his rifle and shot at Surendra Yadav and, thus, killed him. Learned counsel for the petitioner submits that other accused persons were tried under a separate trial bearing S.T.No. 992 of 1999, but the informant and all other witnesses turned hostile and they did not support the case, hence, they were acquitted. It is also submitted that the petitioner is in custody since 13th November 2007. Mr. Rajendra Singh ‘Shastri’, learned A.P.P. submits that there is specific allegation on the petitioner that he fired his rifle and killed one of the deceased, namely, Surendra Yadav. It is also submitted that the petitioner could not be tried earlier because he was absconding and that evidence in another case cannot be used in the trial which the petitioner is facing. Learned counsel for the petitioner submitted that one co-accused Chhathu Mali on whom there was allegation that he 2 had assaulted with Garasi on deceased Surendra Yadav has been allowed bail by a Bench of this Court under order dated 24th September 2009 passed in Cr.Misc.No. 37493 of 2009. In view of there being clear and specific allegation on the petitioner that he had shot at one of the deceased, namely, Surendra Yadav, I do not feel inclined to grant him bail. The prayer for bail is, accordingly, rejected. So far plea of learned counsel for the petitioner that witnesses, including the informant in a separate trial (S.T.No. 992 of 1999) have turned hostile is concerned, it is of no avail to the petitioner at this stage. He can take this plea only when the informant and other witnesses, namely, Baka Yadav and Nageshwar Yadav who according to the learned A.P.P. have supported the allegation are examined in the trial which the petitioner is facing. Jay/ ( C. M. Prasad. J. )