IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27476 of 2011 ASHOK GOPE @ ASHOK YADAV SON OF SRI RAM BISHUN GOPE, RESIDENT OF VILLAGE PRATAPPUR, P.S. MEHDIGANJ, DISTRICT- PATNA Versus The State Of Bihar ---------------------------------- 2 17.08.2011 Heard learned counsels for the petitioner and the State. The offence alleged is under sections 302 & 201 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected twice by this Court as per the order dated 12.02.2009 and 16.12.2009 as contained in Annexure- 1 & 1/A respectively. While rejecting the prayer for bail by order dated 16.12.2009 this Court taking into notice that trial has commenced and witnesses are being examined, directed the trial Court to expedite the trial in question. It is submitted that the petitioner is in custody since 20th January, 2007 and after examination of some witnesses the trial is pending for the evidence of Investigating Officer and the case is being adjourned from one date to another. It is further submitted that the Investigating Officer is not appearing in the Court for his evidence despite summons and non-bailable warrant of arrest which was issued for executing the same through the Senior Superintendent of Police, Patna by order dated 15th March, 2011 passed in the aforesaid trial. In the above circumstances, the Senior Superintendent of Police, Patna is directed to ensure that the concerned Investigating Officer of Phulwarisharif P.S. Case No. 104 of 2006 is produced in the Court for his evidence without delay. However, considering the submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge IV, Patna in connection with Sessions Trial No. 103 of 2008 arising out of Phulwarisharif P.S. Case No. 104 of 2006. Let a copy of this order be handed over the learned Addl. P.P. appearing for the State for immediate needful. Manish/- ( Shailesh Kumar Sinha,J.)