IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20719 of 2010 MANIK CHAND YADAV, SON OF LATE KALRU YADAV, RESIDENT OF VILLAGE- BAKIYA DIARA, P.S.-BARARI, DISTRICT-KATIHAR...............................PETITIONER Versus STATE OF BIHAR ................OPPOSITE PARTY ----------- 4. 10.01.2011 Heard Sri Bhola Prasad, learned counsel for the petitioner and Sri Dilip Kumar, learned Addl. P.P. for the State. The petitioner, who is in custody in connection with Sessions Trial no. 353 of 2009 (Arising out of Barari P.S. Case No. 110 of 1996) for the offence under Section 302 and other allied section of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner, while pressing the bail petition, submitted that other two accused persons having similar allegations have already been extended the privilege of bail by order dated 21.1.2010 vide Criminal Misc. No. 38215 of 2009. It was further submitted that there was land dispute between the parties and, as such, the petitioner may be extended the privilege of bail. In this case, a report was called for from the court below regarding the stage of trial and the same has been received which is kept at Flag-A. The report further indicates that prosecution has assured the court to examine all the charge sheeted witnesses as early as possible. It further indicates that the case is likely to be concluded within two months. In view of the fact that the trial is at the fag end as well the fact that the First Information Report was lodged long back in the year 1996 and the petitioner remained absconder, the court is not inclined to extend the privilege of bail to the petitioner. However if the 2 prosecution evidence is not concluded within a period of three months from the date of receipt/production of a copy of this order, the petitioner will be entitled to renew his prayer for bail. The report of the court below further indicates that Investigating Officer has not been examined. The concerned Superintendent of Police is directed to ensure production of Investigating Officer before the court below on the date fixed by the learned trial court. The prayer for bail of the petitioner stands rejected. Let a copy of this order be sent to the concerned Superintendent of Police. Amit ( Rakesh Kumar, J.)