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4. Learned Senior Counsel Mr. Yogesh Chandra Verma submits that there is an allegation that at least two accused persons fired upon the deceased Pawan Kumar and from the averment made in the FIR the allegation of causing the death of Pawan Yadav, one of the co-accused who is said to have been a victim of mob lynching was not even mentioned in the FIR, creating a doubt about the entire prosecution. The learned senior counsel has submitted that apart from the merits of the case there is an allegation that more than two persons fired upon the deceased. It is imperative to point out that the petitioner has been in custody since 31.12.2019 i.e., for almost five years and five months. The trial has not yet been completed. The learned senior counsel has pointed out that as per his information, the prosecution evidence has not yet been closed. The learned Senior Counsel has further submitted that the stage of the trial was called for by this Hon'ble Court and it has been informed by the learned Court below that a total of nine prosecution witnesses have been examined; however, it has not been stated that the prosecution evidence has been closed. The learned senior counsel has also submitted that there is no Patna High Court CR. MISC. No.1073 of 2024(18) dt.16-05-2025 likelihood of the trial concluding in the near future. The learned senior counsel has also stated that since most of the prosecution witnesses have been examined there is also no chance of tampering with the evidence or influencing the witnesses in any manner.