IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28156 of 2009 SIBU MIAN @ SARFARAZ AHMAD @ SHIBU Versus STATE OF BIHAR ----------- 02. 19.04.2010 Heard. The case is under Section 307, 302, and 120B of I.P.C. as well as Section 27 of the Arms Act. Bail prayer of this appellant was earlier rejected by this Court vide order dated 07.05.2004 on the ground of the allegation as per the F.I.R. that the informant and Baby Mishra (deceased) were going on a motorcycle which was being driven by one Brajesh and that while they were going six criminals, including the petitioner who were born on two motorcycles, had chased them and had fired indiscriminately upon them, as a result of which the deceased Baby Mishra fell down from the motorcycle and he died and the informant had also fallen down with serious injuries and he was sent to hospital. The informant and Brajesh had named and identified the petitioner amongst the six criminals, who had chased them and had shot at them. 2 Learned Senior Counsel submits that there is general and omnibus allegation that the petitioner along with five had chased the informant, deceased and Brajesh and they were fired upon indiscriminately by them. It is submitted that there is no assertion that the shot fired by the petitioner had hit the deceased and the informant. Besides this learned senior counsel submits that in this case the petitioneris in custody since 11.10.2001 ie., for a period of 8 years and 6 months and till date only charges have been framed by the trial-court and not a single witness has been examined by the prosecution. It is submitted that the trial is not expected to conclude in near future. Thus hearing and considering that the petitioner is in custody since 8 years and 6 months and prosecution has not examined any witness in this case and there is no likelihood of conclusion of the trial, petitioner Sibu Mian @ Sarfaraz Ahmad @ Shibu is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the 3 like amount each to the satisfaction of the Addl. Sessions Judge, F.T.C. No.III, Bettiah (West Champaran) in connection with S.T. No.164 of 2008 arising out of Bettiah Town P.S. Case No.362 of 2001. Mkr. (C.M. Prasad, J.)