IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.21 of 2008 KRISHNA KUMAR AMBASTA SON OF LATE YUGESHWAR PRASAD, R/O- PURABSARAI, P.S.- TOWN, DISTRICT- MUNGER, PRESENT RESIDING AT JAI PRAKASH NAGAR, P.S.- AGAM KUAN, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. UMESH PRASAD @ UMESH PRASAD YADAV, S/O- LAL BAHADUR YADAV 3. SANTOSH KUMAR, SON OF BHAGAN YADAV BOTH RESIDENTS OF KUMHRAR, P.S.- AGAM KUAN, DISTRICT- PATNA. 4. SUNIL KUMAR, SON OF RAMJATAN PRASAD, R/O- MOHALLA- MALKANA, P.S.- MASAURI, DISTRICT- PATNA. For the petitioner : Ms. Priya Gupta, Advocate Mrs. Soni Srivastava, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 3 31.08.2010 Heard learned counsel for the petitioner and the State. No body has appeared on behalf of opposite parties.. Informant of the case giving rise to Tr. No. 844 of 2007 is aggrieved by the order dated 10.10.2007 passed by learned Judicial Magistrate, 1st Class, Patna City whereby learned trial court has acquitted the accused (O.P. nos. 2 to 4) of the charge punishable under Sections 323, 341, 379 and 448 of Indian Penal Code. It appears that in spite of several opportunities granted to the prosecution, not a single witness on behalf of the prosecution was examined. Consequently the order of acquittal was recorded. Learned counsel for the petitioner submits that no notice or summon was served upon the petitioner. There is no pleading to that effect in the petition. It appears that the informant 2 approached the I.O. of the case stating that the accused were holding out threats to the informant and other witnesses. An application seems to have been filed on behalf of the Investigating Officer (Annexure-2) seeking cancellation of bail on the strength of the aforesaid information on 8.2.2007. There is no further pleading that the informant and/or his counsel approached the court seeking protection in view of the attending facts. Having regard to these facts, this Court is not inclined to interfere with the order impugned. There is no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )