IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28501 of 2008 RAFI MIAN @ RAFI ALAM S/O-Manzoor Alam, R/O-Village-Barari Jagdish, P.S.-Uchkagaon, Distt.-Gopalganj. ….Petitioner. Versus STATE OF BIHAR ----------- 3/ 22.10.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered against two unknown criminals under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act relating to killing of the informant’s grand son. It appears that in course of investigation Suraj Bind, Maqsood Alam, Sheoji Pasi and Reyaz Ahmad have given their statements under Section 161 Cr. P.C. and they have stated that they have seen four persons riding on the motorcycle and the petitioner has fired. Submission is that those persons who have examined under Section 161 Cr. P.C. have not been examined as witnesses in the trial and none of those witnesses have supported any part of the allegation in any manner. Considering the facts and circumstances of the case, the petitioner Rafi Mian @ Rafi Alam is ordered to 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 the Chief Judicial Magistrate, Gopalganj in connection with Uchkagaon P.S. Case No. 72 of 2007/G.R. No. 1310 of 2007/Tr. No. 2882 of 2008. kksinha/ (Shyam Kishore Sharma, J.)