IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27476 of 2011
ASHOK GOPE @ ASHOK YADAV SON OF SRI RAM BISHUN GOPE,
RESIDENT OF VILLAGE PRATAPPUR, P.S. MEHDIGANJ, DISTRICT-
PATNA
Versus
The State Of Bihar
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2 17.08.2011 Heard learned counsels for the petitioner and the
State.
The offence alleged is under sections 302 & 201 of
the Indian Penal Code.
The prayer for bail of the petitioner was earlier
rejected twice by this Court as per the order dated
12.02.2009 and 16.12.2009 as contained in Annexure- 1
& 1/A respectively. While rejecting the prayer for bail by
order dated 16.12.2009 this Court taking into notice that
trial has commenced and witnesses are being examined,
directed the trial Court to expedite the trial in question.
It is submitted that the petitioner is in custody
since 20th January, 2007 and after examination of some
witnesses the trial is pending for the evidence of
Investigating Officer and the case is being adjourned from
one date to another. It is further submitted that the
Investigating Officer is not appearing in the Court for his
evidence despite summons and non-bailable warrant of
arrest which was issued for executing the same through
the Senior Superintendent of Police, Patna by order dated
15th March, 2011 passed in the aforesaid trial.
In the above circumstances, the Senior
Superintendent of Police, Patna is directed to ensure that
the concerned Investigating Officer of Phulwarisharif P.S.
Case No. 104 of 2006 is produced in the Court for his
evidence without delay.
However, considering the submissions of the
parties, let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the
satisfaction of the Additional District & Sessions Judge IV,
Patna in connection with Sessions Trial No. 103 of 2008
arising out of Phulwarisharif P.S. Case No. 104 of 2006.
Let a copy of this order be handed over the
learned Addl. P.P. appearing for the State for immediate
needful.
Manish/- ( Shailesh Kumar Sinha,J.)