IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30605 of 2008 SHAILENDRA MAHTON @ SHAILENDRA KUMAR Versus THE STATE OF BIHAR ----------- 3/ 22/10/2008. Heard learned counsel for the petitioner and learned counsel for the State. Also perused the report submitted by the court below for the stage of trial. The petitioner is stated to be the assailant renewing his prayer for bail in a police case under Section- 302 of I.P.C. The allegation is that he fired at the temporal region leading to death. The ground urged for bail is that 8 out of 12 prosecution-witnesses who have been examined have gone hostile. The last witness has been examined on 22.1.2007. Of the four remaining witnesses two are official witnesses. The other two are stated to be the family members i.e, the wife and the daughter of the deceased, eye-witnesses to the occurrence. Since witnesses, very crucial for proper adjudication still remain to be examined and that mere period of custody may not be sufficient for grant of bail in a serious accusation like the present, this Court finds no merit in this application which is accordingly rejected. The Superintendent of Police, Jamui is directed to ensure proper safety and security to two remaining - 2 - private witnesses to enable them to appear and depose freely at the earliest without any unnecessary delay. The S.P. is further directed to take appropriate steps for appearance of the two remaining witnesses, the doctor and the investigating officer. The court below is further directed to initiate the proceedings under Section-350 Cr.P.C. against the official witnesses in the event that they do not respond to the summons. KC ( Navin Sinha, J )