IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31093 of 2008 BASUDEO YADAV, S/o Jamuna Yadav, resident of village-Kathwara, P.S. Chakai, District- Jamui. Versus STATE OF BIHAR ----------- 2. 04.02.2009 The case is under Section 302 and other Sections of the Indian penal Code. The bail prayer of this petitioner was earlier rejected twice by this Court vide orders dated 5.9.2005 and 19.7.2006 under respective Cr. Misc. Nos. 16541 of 2005 and 13624 of 2006 on the ground that there was categorical allegation that the petitioner had assaulted the deceased Seva Yadav with tengari causing injury on his head and other accused had assaulted the deceased with tengari and lathi on his leg, back and thigh. The learned counsel referring to the order sheet and the evidence of witnesses examined by the trial court points out that besides the doctor and I. O. as many as five witnesses including the informant was examined by the trial court. The informant being P.W.7 including the witnesses has turned hostile and none supported the allegation. From the order sheet dated 23.6.2008 (Annexure-3) of the trial court it is pointed out that the evidence of prosecution was also closed and the statement of accused were recorded but the case lingering and a further petition has filed by the A.P.P. for reopening the prosecution case under Section 311 of the Cr. P.C. The learned counsel further submits that the appellant is in custody since 7.12.2004. Mr. N. K. Prasad, the learned A.P.P. does not point out any - 2 - other material against the petitioner. In the facts and circumstances of the case, the petitioner, Basudeo Yadav is admitted to bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.IV, Jamui, in Sessions Trial No.81 of 2005(Chakai P.S. Case No.46 of 2004). (C.M. Prasad, J.) Ravi/-