IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33357 of 2010 Rutan Yadav, Son of Maheswari Yadav, resident of Village- Rukhauta, Police Station- Sonbarsa, District-Saharasa--Petitioner Versus STATE OF BIHAR with Cr.Misc. No. 33232 of 2010 Panna Yadav @ Panna Lal Yadav, Son of Siko Yadav @ Sikander Yadav R/O/V Tamkulha, Police Station-Basnahi, District- Saharsa -----------------------Petitioner Versus THE STATE OF BIHAR ----------- 04 09-02-2011 Since both the aforesaid cases arise out of the same P.S.Case, the same were heard together and are being disposed of by this common order. Both the petitioners are in custody in Basnahi P.S. Case No.25 of 2009 for the offences under Section 302 and other allied Sections of the Indian Penal Code and 27 of the Arms Act. It was submitted by learned counsel for the petitioners that save and except the allegation of being members, who participated in the occurrence, there is nothing against either of the petitioners. The specific allegation of firing is against Bijlee Yadav. Learned counsel for the petitioners submits that petitioner Rutan Yadav is in custody since 19.1.2010 and petitioner Panna Yadav @ Panna Lal Yadav is in custody since 23.4.2010. Accordingly, it has been prayed to grant bail to the petitioners. Sri A.M.P.Mehta , learned Addl.Public Prosecutor submits that since the trial is going on, it would not be 2 appropriate to extend the privilege of bail to the petitioners. Learned counsel for the petitioners admits that in this case out of nine chargesheeted witnesses, six have already been examined but none of the witnesses have supported the prosecution case. In this case earlier antecedent report of both the petitioners was called for, which has been received. Antecedent report shows that the petitioners were made accused in number of cases for the serious offences. Keeping in view the fact that the trial is going on and number of witness have already been examined, it would not be appropriate to extend the privilege of bail to the petitioners at this stage. Accordingly, the prayer for bail of both the petitioners stand rejected. NKS/- ( Rakesh Kumar, J.)