IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.4077 OF 2010 PHEKAN GARAI @ PHEKAN GARERI, SON OF RAMASHRAY GARERI, RESIDENT OF VILLAGE LAHERIA TOLA, POLICE STATION ATHMALGOLA, DISTRICT PATNA, AT PRESENT VILLAGE KARORICHAK, POLICE STATION PHULWARICHAK, DISTRICT PATNA VERSUS STATE OF BIHAR ********* 3 07/07/2010 Heard Counsel for the petitioner and the A.P.P. representing the State. The petitioner is an accused in a case under Sections 302, 394/34 of the Indian Penal Code. One of the witnesses, namely, Mahesh Pal had earlier stated that he identified this petitioner committing the crime. However, this witness has been examined in Court on 11.01.2010 in which he has been declared hostile. It is submitted on behalf of the petitioner that the only evidence against him is the confessional statement made by him on the basis of which the weapon used in the alleged murder was recovered from his possession. This aspect of the matter will be considered during the trial of this Case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )