IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33681 of 2010 HARO YADAV Versus STATE OF BIHAR ----------- For the Petitioner :- Mr. Shivendra Kr. Sinha, Adv. For the State:- Mr.Parmeshwar Mehta, Adv. ---------------- 3. 6.10.2010 Heard learned counsel for the petitioner and the State. The prayer for bail of the petitioner under Sections 302, 34 of the Penal Code and Section 27 of the Arms Act has been rejected on 23.2.2010. Renewing the prayer for bail it is submitted that he is in custody since 16.12.2008 and up to 19.12.2009 only four of the eight witnesses have been examined. The report of the Court below at Flag ‘A’ has been perused. Of the remaining four witnesses two are official and two independent. Production of the private witnesses is the duty of the officer incharge of the Naya Ramnagar (Safiyasarai) Police Station. If he does not respond to the summons, the trial Court shall initiate summary proceeding against him under Section 350 Cr. P.C. The trial Court shall also issue summons to the Superintendent of Police for production of the officer incharge if the former does not respond to execution of summons/warrants. The desirability of - 2 - proceeding under 350 Cr. P.C. against the latter is left open for the trial Court to decide. The place of posting of Police officers was prepared on a software in the year 2006 at the instance of the Monitoring Judge, Fast Track Court of this Court. That has been subsequently updated only in the year 2009 when this Court again requested for the same. Complaints have been received more than from one judgeship that the software is again not being updated leading to delay in service of summons and warrant by the trial Courts. The Director General of Police, Bihar shall ensure that the Police Department updates the software and keeps updating it at regular intervals and furnish the same to this Court on a compact disk for transmission to all Judgeships. The Trial Court shall try to ascertain the place of posting of the investigating officer of the present Sessions Trial No. 469 of 2009 from the software furnished in 2009. If that does not suffice it shall be the duty of the Superintendent of Police, Munger to furnish the present place of posting of the investigating officer to the Court. The failure to do so shall be construed as obstruction in dispensation of justice by the Superintendent of Police. The Health Department has also furnished a chart of place of posting of Medical Officers which has been transcribed at a compact disk by this Court and has - 3 - already been furnished to all District Judges. It is expected that the Trial Court shall take necessary steps for collation of information and service of summons and the trial be then expedited and concluded at the earliest. Let a copy of this order be communicated to the Director General of Police and the Director General of Health service with a request that necessary assistance by updating of information be furnished to this Court forthwith at regular intervals. The application is dismissed. P. Kumar (Navin Sinha, J.)