IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28413 of 2000 YOGENDRA MISHRA & ORS Versus STATE OF BIHAR & ANR ----------- 4. 25.6.2010. After having heard the learned counsel for the parties and considering the order in its entirety what appears to this court is that the trial has to go but it has to be done on a day to day basis and the first witness to be produced by the prosecution has to be the boy, Girdhari Mishra, who was allegedly brought from Punjab and produced before the court and whose statement, as per the petition, was recorded under Section 311 of the Cr.P.C. which statement the said Girdhari Mishra appears disowning subsequently on account of allegedly being coerced to make that statement by the petitioners. The court below should not be prejudiced by any of the facts and should approach the whole issue from a humanitarian independent point of view and should intervene in the proceedings to seek resolution of the dispute as well, because the brothers are the parties, who are fighting it bitterly. This petition is disposed of with the - 2 - above observations. The stay, if granted, stands vacated so that the trial court proceeds with the case. B.Kr. ( Dharnidhar Jha, J. )