IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52721 of 2008 Sudama Yadav Son of Fudi Yadav, resident of Village- Mahuiabagh, P.S. Dulhin Bazar,(Bikram), District- Patna ------------ Petitioner Versus STATE OF BIHAR ----------- 3 09-04-2009 Heard Mr.Mithilesh Kumar Rai, learned counsel for the petitioner Sudama Yadav who is in custody since 10.12.2007 in connection with Sessions Trial no.482 of 2008 arising out of Dulhin Bazar ( Bikram) P.S. Case no.220 of 2002, registered under Section 302 I.P.C. and 27 of the Arms Act. Though the F.I.R. is against unknown person, the name of the petitioner cropped up when some witnesses are said to have seen him fleeing away from the place of occurrence and at the relevant time he was armed with pistol. This was shown to be corroborated by Sudama Mochi and Kishun Mochi who claimed to be eye witnesses of the occurrence. From the postmortem report, it appears that the death of the deceased was due to gun-fire injury sustained by him. The trial of the case has started and one witness has been examined who reportedly has turned hostile. That fact by itself does not entitle the petitioner to bail since the other witnesses especially the eye witnesses remain to be examined. In that view of the matter, I am not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. NKS/- (Abhijit Sinha, J.)