IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.5743 OF 2011 MITHILESH KUMAR SAH @ MITHILESH KUMAR, RESIDENT OF VILLAGE RAMBAGH, TOLA SHIVNAGAR, POLICE STATION SADAR, DISTRICT PURNEA VERSUS THE STATE OF BIHAR ********* 4 13/04/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. A case was instituted on 01.09.2007 for the occurrence which allegedly took place on 29.08.2007. The case diary indicates that injury report was obtained after great difficulty by the Investigating Officer investigating the case which was signed by one Dr. Yogendra Prasad posted in Purnea Sadar Hospital on 27.09.2008. It appears from the case diary that the Investigating Officer went to the Purnea Sadar Hospital on 20.08.2008 and again on 29.08.2008 but could not get the injury report. The post mortem report indicates that she died at Patna on 04.10.2007. It is further submitted that the charges were framed on 20.11.2008 and since then, only one witness has been examined. The petitioner is in custody since 20.08.2008. Considering the aforesaid facts, the above named petitioner is directed to be released on bail in Sadar Police Station Case No. 305 of 2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like 2 amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No. 5, Purnea subject to the following conditions. (i) The petitioner must appear on each and every date fixed in the trial and if he remained absent for a single day without any explanation to the satisfaction of the Court below, his bail bond shall stands cancelled. (ii) Both the bailors must be closely related to the petitioner and their photographs must be affixed on the bail bonds. (iii) The bailors should given an undertaking in writing that they will be responsible for producing the petitioner on each and every date fixed in the trial. The Trial Court i.e. the Additional Sessions Judge, Fast Track Court No. 5, Purnea is directed to expedite the trial by issuing bailable and non-bailable warrant of arrest to the prosecution witnesses. The Superintendent of Police, Purnea should be informed regarding the approximate date on which the Investigating Officer and the doctor who has prepared the injury report and the doctor who has prepared the post mortem report would be required to appear before the Court below for their deposition. If the doctors are available before the other chargesheeted witnesses, the Trial Court would be at liberty to examine them before 3 examining the other witnesses of the case. Anand ( Sheema Ali Khan, J. )