In the High Court of Judicature at Patna Government Appeal No. 20 of 2008 (D.B.) The State of Bihar Vrs. Madan Prasad **** /3/ 13.05.2008 Heard the counsel for the appellant-State. 2. This Government Appeal has been filed against the judgment and order of acquittal of the sole respondent, Madan Parasad, passed in Sessions Trial No. 138 of 1999, dated 29.01.2008, whereby the sole respondent, Madan Prasad, has been acquitted of the charge under Sections 302 of the Indian Penal Code and 3 and 5 of the Explosive Substances Act. As per the prosecution case also the respondent is not the assailant. There is no eye witness to the occurrence. The prosecution case is based on circumstantial evidence. The trial Court rightly acquitted the respondent as there is no strong circumstance showing the participation of the respondent in the commission of offence. 3. This Government Appeal is dismissed. Cp:3/S.A. ( Mridula Mishra, J. ) (Shailesh Kumar Sinha, J.) - 2 -