zz IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31875 of 2008 SURESH MANJHI Versus THR STATE OF BIHAR ----------- 02/ 21.08.2008 Heard. This could not be said that petitioner’s act caused death of the informant. There are at least four persons named in the FIR with specific allegations of overt acts of dealing blows either with lathi or with big boulders of stones, who could be jointly held responsible for causing death. There may be so many injuries as well. Earlier this court was not inclined on earlier two occasions to consider the prayer for bail of this petitioner. In addition to the above facts, the contention is and it is borne out from the record of findings by the learned trial court that the trial is not taking off from the stage of framing of charges. The charges were framed on 13th of September, 2006 i.e. two years ago. The learned Judge probably is treating with police as some friends and as such he is writing letter to the S.P. The learned Judge does not know that he is presiding over a court which passes an order and issues directions and never - 2 - writes a letter to an Officer of the State. The learned Judge should draw an order and issue a direction to the Officer-in- charge of the police station by which the case was registered for production of the witnesses. This is enforcement of law as laid down by the Hon’ble Supreme Court in Shailendra Kumar Vs. State of Bihar AIR 2002 SC 270 as also it is the provision as per Section 170 (2) Cr.P.C. I believe that the learned Judge now shall take steps for production of witnesses and issue a notice to the Officer-in-charge appending therewith the list of witnesses. In case the police officer does not heed to his direction then he could consult Section 217 of the IPC and file a complaint for that offence against the officer. Let a copy of this order be transmitted to the District Judge with a direction to bring this order into the notice of the Superintendent of Police, Gaya.. As regards the prayer for bail, let petitioner Suresh Manjhi be released from custody on furnishing a 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. II, Gaya in connection with Sessions Trial No. - 3 - 43 of 2006 arising out of Wazirganj P.S. Case No. 165 of 2005. DKS/ (Dharnidhar Jha, J)