IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28142 of 2010 BHADAI RAI, S/O LATE JANG BAHADUR RAI, R/O VILL.- BASAULI, P.S. BOCHAHAN, DISTT.- MUZAFFARPUR ………. PETITIONER Versus THE STATE OF BIHAR …………. Opp.Party ----------- 4. 09/02/2011 Petitioner is elder brother of the husband of the deceased. His earlier bail application was rejected by this Court by order dated 23.11.2009 passed in Cr.Misc. No.23664 of 2009, with liberty to him to renew his prayer if the trial does not conclude within six months. The trial having not concluded, he has renewed his prayer for bail. A report was called for and from the report it appears that six witnesses have been examined in the trial but the Investigating Officer is not appearing for recording his evidence because of which the trial is not being concluded. From the report, it also appears that today is the date fixed in the trial. Petitioner is in custody since 21.11.2008. In the circumstances, this application is disposed of with the observation that if the evidence of Investigating Officer is not 2 recorded in the trial in the next two dates, petitioner shall be at liberty to file an application for bail before the trial court, which shall be considered on merits. Pradeep/ ( J. N. Singh,J.)