IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14105 of 2011 JAGDISH RAI Versus THE STATE OF BIHAR ----------- 2. 13.05.2011. Heard the learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in connection with Adapur P.S. Case No. 87 of 2002 registered under Section 302/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner is 80 years old and for murder of Guli Sahni, two F. I. Rs. were lodged, one being Adapur P.S. Case No. 49 of 2001 by the grand son of deceased alleging that the victim was killed in front of petitioner’s house by one Parmeshwar Yadav and the present F.I.R. was lodged subsequently by I.O. of the case being Adapur P.S. Case No. 87 of 2010 in which the petitioner has been named as he was not named in initial case. It is submitted that the investigation is still pending. This court is not inclined to interfere since the case was instituted in 2 2009 but on merit it appears that I.O. was not required to lodge second F.I.R. after one year of the occurrence. It is submitted that in pursuance to first case the trial is going on. Let the learned court pass appropriate order with regard to regular bail of the petitioner keeping in view that the petitioner has been implicated in this case after one year of the occurrence i.e., second F.I.R. and he is 80 years old if the petitioner surrenders and prays for regular bail within a period of four weeks from today. With this observation, this application is disposed off. Let the learned S.D.J.M., Raxaul at Motihari and S.P. Motihari transmit a report to this court as under what circumstances the investigation is pending since 2002. Let the order be faxed to the learned court below at the cost of the petitioner. U. K. ( Dinesh Kumar Singh, J)