IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44200 of 2010 ISHLOK YADAV@ISHLOKEY YADAV Versus THE STATE OF BIHAR ----------- 3. 5.1.2011 Heard learned counsel for the petitioner and the State. In this renewed prayer for bail in an allegation under Sections 364A and 34 of the Penal Code for reasons already discussed in the previous order of rejection, this Court is not persuaded to reconsider the prayer for bail. An affidavit has been filed on behalf of the Senior Superintendent of Police, Patna in pursuance of the earlier order in the present proceedings noticing the grievance of the petitioner that official witnesses were not forthcoming to depose leading to delay in the trial. The Senior Superintendent of Police, Patna in his affidavit states that four officer’s incharge had been informed by him, and they have entered appearance before the trial Court for their deposition. It shall be the responsibility and duty of the Senior Superintendent of Police, Patna cast upon him by the present order of the Court to ensure the physical appearance of the four Police official witnesses on the respective dates 2 fixed for recording their depositions. Any failure on part of these Police official witnesses to appear shall be attributed directly to the Senior Superintendent of Police, Patna. In so far as the three non-appearing official witnesses mentioned in Paragraph-9 are concerned, they also appear to be from the Police force. Their deployment for duties otherwise is hardly relevant and it remains the responsibility and duty of the Senior Superintendent of Police, Patna itself in the aforesaid manner to ensure their appearance also. Any person obstructing the Senior Superintendent of Police, Patna in compliance of the present order directing appearance of the official witnesses shall clearly be exposing himself to appropriate proceeding for obstructing the course of justice. It is now expected that the trial shall be concluded at the earliest without unnecessary delay. The application is dismissed. P. Kumar ( Navin Sinha, J.)