IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9671 of 2008 SITARAM YADAV Versus THE STATE OF BIHAR ----------- 04/ 08.08.2008 Heard. The petitioner is named in the FIR with specific allegation of giving a blow with lathi to the deceased. It appears that the blow was massive and the deceased died of that. The investigation with regard to the petitioner was lingering for quite sometimes till the charge sheet was submitted in 2004 and the trial of other accused persons was separated and is going on. Three persons have been examined. Considering that it is a case under Section 302 IPC and the petitioner is also having a criminal history of four cases against him, I am not inclined to direct the release of the petitioner on bail. Petition is dismissed. The learned Sessions Judge is directed to join the trial of this petitioner with than of others and proceed with the joint trial after framing fresh charges. But the learned Judge would be at liberty to either take evidence as against this petitioner or recall the witnesses for cross examination - 2 - if there is no objection from this petitioner. Learned counsel appearing for the petitioner seeks the transmission of the order through Fax at the cost of the petitioner. Let it be so done. DKS/ (Dharnidhar Jha,J)