IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19589 of 2010 1. SATO YADAV 2. BHUNESHWAR YADAV 3. BISHUN YADAV ALL SONS OF LATE LAXMAN YADAV 4. CHUMESH YADAV, SON OF BHUNESHWAR YADAV 5. DHARMENDRA YADAV @ DHARAM @ BHUNESHWAR YADAV DHARAMDEO YADAV, SON OF SRI SATO YADAV 6. PANCHDEO YADAV, SON OF BISHUNDEO YADAV ALL RESIDENTS OF VILLAGE BHORAMBAGH, P.S. KAWAKOLE AND DISTT. NAWADA. ------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. GAYATRI DEVI, WIDOW OF BACCHU YADAV, RESIDENT OF VILLAGE – BHORAMBAGH, P.S. KAWAKOLE AND DISTT. NAWADA. -------- OPPOSITE PARTIES. ----------- 2. 14.02.2011 Heard the parties. The petitioners have sought quashing of the order dated 16.9.2009 passed by the Additional District Judge-FTC-II, Nawada, in Sessions Trial No. 445 of 2004 by which he has expunged the evidence of prosecution witnesses 1 to 7. It has been submitted that the order dated 16.9.2009 is non-speaking and presumably the evidence has been expunged since prosecution witnesses No. 1 to 7 had been declared hostile by the prosecution since they do not support its case. Considering that no reason was assigned for expunging the evidence of the witnesses and even if they have turned hostile that was the matter which could be considered at the end of the trial, I am inclined to allow this application and quash the order dated 16.9.2009 passed by the Additional 2 District Judge, F.T.C. – II, Nawada, in Sessions Trial No. 445 of 2004 in case the trial has not ended by now. S.Ali ( Anjana Prakash, J.)