IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33780 of 2011 Nitesh Singh Versus The State Of Bihar ---------------------------------- 02. 29.09.2011. This Cr. Misc. application has been filed by the petitioner, Nitesh Singh, who is in custody since 20.01.2009 in Session trial No.507 of 2009 arising out of Sitamarhi P.S. Case No.666 of 2008 under Section 302/34 I.P.C. and Section 27 of the Arms Act. Admittedly, the petitioner is not named in the F.I.R. subsequently on the basis of confessional statement of co- accused, Anil Kumar, the petitioner was also arrested. The learned counsel for the petitioner submitted that earlier the prayer for bail was rejected on the basis of confessional statement only and at that time, no prosecution witnesses were examined. Now, the informant has been examined in this case and according to the informant and the post-mortum report, there was only one firing made by one of the co-accused. From perusal of Annexure 4, i.e, the evidence of informant, it appears that he has not named the petitioner anywhere. Moreover, the allegation of firing is against one co- accused, Chotu Kumar. Considering the above facts and circumstances of the case and the period of custody, I direct that the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties each of the like amount to the satisfaction of the learned Addl. Sessions Judge, F.T.C. No.6, Sitamarhi in connection with Sitamarhi P.S. Case No.666 of 2008. Sanjeev/- (Mungeshwar Sahoo,J.)