IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5435 of 2011 Jawahir Chaudhary, son of Thug Chaudhary, resident of village – Salehpur, P S – Bishambharpur, District – Gopalganj -Petitioner Versus The State of Bihar -Opposite Party ----------- 2 16.03.2011 The petitioner is in custody in relation to Bishambharpur Police Station Case No 24 of the year, 2002 originally instituted under Section 307 of Indian Penal Code and Arms Act. Later, Section 302 of Indian Penal Code was added upon the death of the informant. In the first information report, it is alleged that one Ram Prasad, Harikesh Singh and the petitioner surrounded the informant and, in order to take revenge, Ram Prasad shot the informant in the stomach which injury ultimately proved fatal. Petitioner is said to have also fired but, as per first information report itself, it did not strike the informant. It is submitted on behalf of petitioner that the petitioner was falsely implicated in this case and works outside the State for making his living. It is also pointed out that Harikesh Singh was already enlarged on bail in the year 2003 itself and in absence of petitioner in trial, both Ram Prasad and Harikesh Singh have been acquitted by Fast Track Court III, Gopalganj by judgment and order dated 26.08.2008 in Sessions Trial No 108 of 2007. It is submitted that as the main accused has already been acquitted, the petitioner cannot be convicted. Be that as it may, in view of the fact that the petitioner has been absconding for such a long period, I direct the trial Court to expedite the trial and conclude the same within a period of three months from today subject to petitioner’s cooperating. If the trial is not concluded 2 within the said period, petitioner would be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Bishambharpur Police Station Case No 24 of 2002. Let a copy of this order be communicated to the Court below by FAX at the cost of the petitioner. M.E.H./ (Navaniti Prasad Singh)