IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38050 of 2009 HARISHANKAR YADAV, S/o Late Shyam Sundar Yadav, Resident of Village Beyashi (Pakari Dera), P.S. Simari, District Buxar Versus STATE OF BIHAR ----------- 02/ 19.03.2010 Heard learned counsel for the petitioner and the State. Counsel for the petitioner states that prosecution evidence is over, but the trial is not being concluded as examination of defence witness is in progress, but considering the fact that petitioner has remained in jail custody for about two years and he does not appear to be the assailant as per the deposition of the wife of the deceased, he should be admitted to the privilege of bail. I regret not to accept the aforesaid submission. Whether petitioner is the assailant or simply an order giver, is to be considered by the trial court and trial court shall examine the matter as per the evidence on record at the time of writing the judgment and with this observation, this application is disposed of. Arjun/ ( V.N. Sinha, J.)