IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.927 of 2011 Vijay Rai, S/O Kapileshwar Rai, resident of Village- Madhopur, P.S. Samastipur(M), District-Samastipur……………………….……Appellant. Versus 1. The State of Bihar. 2. Baiju Rai, S/O Nathuni Rai. 3. Kapileshwar Rai, S/O Late Rameshwar Rai. 4. Uma Shankar Rai. 5. Rama Shankar Rai. 6. Uday Rai. All sons of Kapleshwar Rai. 7. Bahalu Rai, S/O Rameshwar Rai. 8. Mithilesh Rai, S/O Batahu Rai. 9. Kamlesh Rai. 10. Nathuni Rai, S/O Late Baldeo Rai. 11. Kari Rai, S/O Baleshwar Rai. All are residents of Village- Madhopur, P.S. Samastipur(M) District-Samastipur………………Respondents. 3. 29.11.2011. Heard learned counsel for the appellant. The present appeal has been filed by the appellant against the judgment of acquittal dated 01.06.2011 passed by the learned Additional Sessions Judge, F.T.C. IV, Samastipur, in Sessions Trial No. 73 of 2009 by which the trial court has acquitted the respondent nos. 2 to 11 when the case was initially registered for the offence under Sections 323, 324, 341, 307, 147, 148 and 149 of the Indian Penal Code on 17.10.2006.. From perusal of the lower court records it appears that all processes including summons and bailable warrant of 2 arrest were issued but in spite of that no material witnesses including informant turned up except few formal witnesses. The impugned judgment does not reflect that the present appellant being the informant also took any steps in five years for producing any witness. In the circumstances, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. U. K. (Shyam Kishore Sharma,J) ( Dinesh Kumar Singh, J)