IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33592 of 2008 SATYENDRA PRASAD YADAV @ SATYENDRA YADAV Versus STATE OF BIHAR ----------- 4/ 6.1.2009 Heard Mr. Ramakant Sharma, senior counsel and Sri Dashrath Mehta, A.P.P. Petitioner’s prayer for bail was earlier dismissed by this Court by Annexure 1, which is an order passed in Cr. Misc. No. 54531 of 2006 and on two subsequent occasions also, as appears stated in paragraph 2 of the present petition. The petitioner bears an allegation of firing a shot into the throat of the deceased and killing him when he had fallen on the ground after having received an iron rod blow on his head from co accused Madhu Yadav. The postmortem examination report supports the allegation and in that light, there could not be any viable reason for directing release of the petitioner. An attempt was also made to point out that the petitioner is in custody for over three years and the trial was not being concluded. The report of the learned trial judge on progress of the trial appears at Flag ‘X’ and that indicates that five witnesses out of ten have been examined and the informant, doctor and the I.O. have been directed to appear 2 for their respective evidence. The court expects that the trial ends during second quarter of 2009 and accordingly, the learned trial judge shall make appropriate endeavors in the above behalf. The petition is dismissed. Anil/ ( Dharnidhar Jha,J )