IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40834 of 2009 SULTAN DHANUK @ SULTAN MAHTO @ SULTAN SON OF CHANDO RAI @ RAM CHANDRA MAHTO, RESIDENT OF VILLAGE PAHARPUR, POLICE STATION MEDINI CHOWKI (SURAJGARHA), DISTRICT LAKHISARAI. Versus STATE OF BIHAR ----------- 3. 18.2.2010. Heard Mr. Dharmendra Kumar Raju, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned A.P.P. for the State. The petitioner has prayed for grant of bail in connection with Surajgarha (Medini Chowki) P.S. Case No.147 of 2008, which was registered under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act. Earlier by order dated 1.12.2009, case diary was called for, which has already been received. During investigation, it was found that immediately after hearing sound of three firing, several witnesses rushed to the place of occurrence and this petitioner along with two others were seen while fleeing away with pistol. Though no one has seen the exact occurrence, but from the place of occurrence, he was found running along with fire arm. Learned Additional Public Prosecutor by referring case diary has submitted that - 2 - N.H./ the witnesses have supported the prosecution case. Learned counsel for the petitioner, while pressing bail petition, has submitted that in this case, the trial has already commenced and altogether four witnesses who had earlier supported the prosecution case during investigation had turned hostile. The learned counsel for the petitioner, however, submitted that even during investigation, several witnesses have not supported the prosecution case. Since trial has already commenced, it is not desirable for me to make comment on the merit of the case. Accordingly, prayer for bail is rejected. However, it is observed that if possible, the trial court shall take steps so that trial may be concluded at early stage. Accordingly, this petition is dismissed. ( Rakesh Kumar,J.) - 3 -