IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.549 of 2011 Chandrika Yadav, son of late Bipat Yadav, resident of village Hathiawan Tola, Teja Bigha, Police station Khizarsarai, District Gaya. Versus 1. The State Of Bihar 2. Jagdish Yadav, Son of Late Bipat Yadav 3. Jai Ram Yadav 4. Chhotan Yadav. Both are sons of Jagdish Yadav, All are residents of villag4e Kathiyawan Tola, Teja Bigha, Police Station Khizarsarai, District Gaya. ----------- 3 29.06.2011 Heard counsel for the appellant and learned Additional Public prosecutor. The appellant is aggrieved by order dated 10.12.2010 passed by the Additional Sessions Judge IIIrd, Gaya, whereby the opposite parties nos. 2 to 4 were acquitted from the charges. The case has been registered under sections 307 and some other sections of the I.P.C. including section 27 of the Arms Act on the allegation of one Chandrika Yadav, the Informant, stating that the accused persons fired and daughter of the Informant received one fire arm injury on her left hand. It appears that charge in the Sessions Case was framed on 29.9.2007 and the order of acquittal was passed on 10.12.2010. Thus the court was waiting for evidence for more than three year but no witness had turned up. Therefore there was left no option to the trial court to close the prosecution case. The learned A.P.P. also conceded that the prosecution has failed to adduce any evidence and therefore the court had no option but to close the prosecution case. Under the above circumstance, the order passed by the court below needs no interference. Accordingly this appeal is dismissed. Namita (Shyam Kishore Sharma, J.) (Rajendra Kumar Mishra, J.)