IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44357 of 2009 BRAJKISHORE YADAV @ BUCHHAN YADAV, son of Beni Yadav Versus STATE OF BIHAR ----------- 4/ 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364 and 302 of the Indian Penal Code. In the First Information Report, allegation against the petitioner is that informant heard that his son has been kidnapped by the present petitioner and thereafter he found the dead body of his son with fire arm injuries. Under the circumstances, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected. Perused the report of the trial court, wherein, it has been stated that there is no difficulty in examining the witnesses without the presence of the accused persons since his counsel was present on the dates of trial and had filed application under section 317 Code of Criminal Procedure regularly. Since there is no express bar under section 273 of the Code of Criminal Procedure not to examine the witness under any circumstances in absence of the accused persons, in my opinion, the trial court should not insist upon the presence of the accused and proceed with the trial if he is represented through his counsel as provided under section 273 of the Code of Criminal Procedure. JA/- (Anjana Prakash, J.)