IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30053 of 2011 Sohawan Prasad @ Sohawan Mahto Versus The State Of Bihar ---------------------------------- 3 05-12-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody since 26-03- 2010 in connection with Sessions Trial No. 656 of 2011 arising out of Masaurhi P.S. Case No. 323 of 2010 registered under Sections-302/34 of the Indian Penal Code and 27 of the Arms Act. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 06-01-2011 passed in Cr. Misc. No. 38840 of 2011 but submission on behalf of the petitioner is that the informant is not an eye witness of the alleged occurrence and the petitioner was just a passer-by and unfortunately, he was caught at the spot. It is further contended on behalf of the petitioner that charge against the petitioner was framed on 14-10-2011 and there is no likelihood of disposal of the case of the petitioner in near future. Taking into consideration the above-said submissions as well as facts and circumstances of the case, particularly, keeping in mind that the informant has 2 claimed in his fardbeyan that it was the petitioner and other co-accused who opened fire on the deceased and just after the alleged occurrence, the petitioner was caught at the place of occurrence, I do not feel it proper to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is, hereby, rejected. However, learned trial court shall expedite the trial of the petitioner. AKVishwakarma ( Hemant Kumar Srivastava, J.)