IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39981 of 2008 PINKU YADAV, son of late Rajendra Pd. Yadav, R/O vill.-Laliyahi,Mirchai Bari, P.S.-Sahayak,Dist.-Katihar. Versus STATE OF BIHAR ----------- 04/ 26-02-2009 Heard the learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that two of the co-accused, who are named accused in the FIR, have not been sent up for trial and there was no light at all to identify the petitioner. It was only 7 P.M. in the month of June and miscreants have been seen on Motor cycle. So, on this point allegation levelled against the petitioner cannot be doubted. About statement of the father of the deceased, he may not claim as an eye witness, as the informant was there also. He is claiming himself to be an eye witness as stated in the FIR. So, it is not the stage to doubt the prosecution case on the points raised by the learned counsel for the petitioner. Accordingly, petitioner’s prayer for bail is rejected. AH/ ( Mandhata Singh, J. )