IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24979 of 2009 KUNDAN DUBEY SON OF RAMJI DUBEY RESIDENT OF VILLAGE PURANDARPUR, P.S. MALAHI, DISTT. EAST CHAMPARAN. ------- PETITIONER. Versus STATE OF BIHAR ----------- 3. 23/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 307, 302 and 504 read with Section 34 of the Indian Penal Code. Petitioner has moved for bail on the ground that he is in custody since 7.6.2005 for having fired upon Aunt of the Informant causing some firearm injury from which she survived, whereas the co-accused who had fired upon the chest of the deceased and was in custody since 7.6.2005 for the said charge, was allowed bail by a Bench of this Court by order dated 22.5.2008 passed in Cr. Misc. Case No. 19082 of 2008. The bail of the said accused was allowed, noticing the fact that in the trial, material witnesses had been examined but none had deposed so as to infer the involvement of the said accused and the case was posted only for evidence of the I.O. Thus, it appears that as on 22.5.2008, except for the evidence of the I.O., evidence of all the witnesses had already been recorded. A report was called for in this case by order dated 11.9.2009. Report shows that I.O. has not yet turned up to record his evidence in spite of summons issued against him 2 through the Superintendent of Police, Motihari. This is a shocking state-of-affairs. Apparently the trial is held up for recording evidence of the Investigating Officer for more than one and half years. The trial court is directed to issue non-bailable warrant of arrest against the I.O. for recording his evidence, if it has not been recorded as yet. The trial court shall also inform the S.P. Motihari and the D.G.P. through the Sessions Judge, Motihari, with regard to the order of this Court and with regard to the callous approach shown by the Investigating Officer of the case in the matter. This Court feels that the D.G.P. (Bihar), will be well advised to take appropriate action against the said I.O. for disregard shown by him to the Judicial Proceedings. The court below shall report the developments in the case to this Court on administrative side after a month. So far as the prayer of bail of the petitioner is concerned, in view of the order of this Court passed in the case of the main accused, the application for bail is allowed. Let petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Motihari, East Champaran, in connection with Govindganj (Malahi) P.S. Case No. 50 of 2005 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and 3 also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for his arrest. S.Ali (J.N. Singh, J.)