IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51569 of 2008 BISHWAKARMA SAHNI SON OF BILAR SAHANI RESIDENT OF VILLAGE CHHOTAKI PHULWARIA,P.S.MANJHI,DISTRICT SARAN Versus STATE OF BIHAR ----------- 4/ 30.4.2009 Heard learned counsel for the parties. Earlier the prayer for bail of the petitioner has been rejected thrice. A report regarding stage of trial was called for which has been received. From the report it appears that the case is yet to be committed. The petitioner is a named accused of a case which has been registered for offences under Sections 302 and 120B/34 of the Indian Penal Code and 27 of the Arms Act. Two persons were shot dead by the accused named in the first information report. The petitioner is one of them. Submission is that the petitioner is in jail custody since 31.12.2005, there is no possibility of early commencement of trial and co-accused Madan Sahani has been granted bail by a Bench of this Court on 24.1.2005 Vide Cr.Misc.No. 39275 of 2004. Further submission is that due to family feud between the petitioner and the informant, the petitioner has been falsely implicated in this case. The brother of the petitioner is a witness as against the present informant in a case. It is not clear as to whether any witness has seen the occurrence. In fact, no one has seen the occurrence. There is no other witness in the case diary who can identify the petitioner as one of the assailants. Considering the report that the case is yet 2 2 to be committed and the fact that one of the named co- accused Madan Sahani has been granted bail by a Bench of this Court, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Manjhi P.S.Case No. 121 of 2004. Tahir/- ( Shyam Kishore Sharma, J.)