IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54310 of 2007 SUBODH MAHTO Versus THE STATE OF BIHAR ----------- 3/ 12.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner renews his prayer for bail on third occasion in Police Case under section 304(B) and 201/34 of the I.P.C. The report called for from the court below has been received. Only the Investigating Officer and one private witness remain to be examined. This Court is not inclined to reconsider the prayer for bail at this stage as the trial is virtually at the stage of completion.. The bail application is rejected. This Court directs the Superintendent of Police, Samastipur to ensure that the Investigating Officer appears on the next date fixed in the trial or on the subsequent date thereafter. The Superintendent of Police is also directed to take recourse to the recent database of postings of police officers prepared by the State Government to ensure attendance of the Police Officer. Should the Investigating Officer not appear, the Court below is directed to proceed appropriately under section 350 of the Cr. P.C. The Superintendent of Police is further directed to ensure that the witness against whom non-bailable warrant has already been issued is present on the next date fixed or subsequent thereto. The Superintendent of Police, Samastipur shall remain - 2 - answerable to this Court for the aforesaid in the event of an adverse report received from the court below. Let the trial be concluded at the earliest. B.Tiwary/ ( Navin Sinha, J)