IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30767 of 2009 NAVIN SINGH Versus THE STATE OF BIHAR ----------- 3. 14.09.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under sections 302 and 120-B/34 IPC including section 27 of the Arms Act. It is contended that he is not named in the FIR One of the witnesses, namely, Devendra Singh made a statement before the police implicating the petitioner. Drawing attention of the court to Annexure-2, it is stated that the aforesaid Devendra Singh has not supported the case in course of his deposition in connection with S.Tr.No.154/08/132/08. It is highlighted that the petitioner is in custody since 24.10.2007. Learned counsel for the petitioner, on query, states that at the trial only three witnesses have since been examined. They all have not supported the prosecution case. Learned APP opposed the prayer. It has been submitted that apart from the aforesaid Devendra Singh, another co-accusd, namely, Sanjeev Kumar in his confessional statement has named the petitioner. It appears from the case diary that the petitioner carries criminal antecedent. Learned counsel for the petitioner does not dispute this position. 2 Having regard to the facts appearing on record, this Court, for the present, is not inclined to admit the petitioner to bail. His prayed for bail is accordingly rejected. However, looking to the fact that he is in custody since 24.10.2007 and that three witnesses have already been examined at the trial, this Court observes that let the trial court make endeavour and examine all the prosecution witnesses on or before 4th December, 2009, failing which the petitioner shall have liberty to approach this court for grant of bail. Hr ( Kishore K. Mandal )