IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39898 of 2009 MD.GHAYASUDDIN @ GAYASUDIN SON OF SK.ALI HASAN RESIDENT OF VILLAGE HIRDAIPUR ITAHARA,P.S.ARARIA,DISTT.ARARIA Versus STATE OF BIHAR For the petitioner : Mr.Amrendra Kumar Singh, Advocate For the State : Mr.S.Ehteshamuddin,Addl.P.P. ----------- 2/ 18.11.2009 Heard learned counsel for the parties. The petitioner seeks bail in Araria P.S.case No. 401 of 2008 (Sessions Trial No. 451 of 2008). Earlier the prayer for bail of the petitioner was rejected on 22.4.2009 Vide Cr.Misc.No. 2095 of 2009 considering the fact that he has been described as assailant of the deceased. Submission is that the trial has begun and three prosecution witnesses have been examined but none has stated that the petitioner has committed any overt act rather they have stated that the informant is not an eye witness of the occurrence. The informant has been told about the petitioner’s role in the occurrence. Further submission is that as there was no enmity with the informant, so he cannot commit such offence. Taking into consideration the submission that the trial has begun and three 2 witnesses have been examined, I am not inclined to grant bail to the petitioner for the present. Accordingly his prayer for bail is again rejected. However, the petitioner may renew his prayer for bail before the court below after examination of the informant. Tahir/- ( Shyam Kishore Sharma, J.)