IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19404 of 2011 Kusho Mandal @ Sukho Mandal Versus The State Of Bihar ----------- 2 08-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is named in the first information report with specific allegation that he opened fire on the deceased, as a result of which, deceased died then and there. The contention of learned counsel for the petitioner is that the informant is not an eye witness of the alleged occurrence and no blood was found at the place of occurrence and the aforesaid circumstance clearly negates the prosecution story. It is also pointed out by him that the charge against the petitioner was framed on 26.02.2010 but uptill now, no witness has been examined on behalf of the prosecution whereas, the petitioner is languishing in jail custody since 18.11.2009. Admittedly, the occurrence took place in the year, 2001 but the petitioner could be remanded in this case on 18.11.2009. There is specific allegation of committing murder against the petitioner. Hence, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 459 of 2010 arising out of Shahkund P.S. Case No. 73 of 2001 stands rejected. However, 2 learned trial court is directed to expedite trial of the petitioner and dispose of the same as early as possible. AKV/- ( Hemant Kumar Srivastava,J.)