Vidyanand Yadav vs The State Of Bihar on 4 April, 2025
In this
regard, reference has been made to a judgment dated
Patna High Court CR. APP (DB) No.173 of 2016 dt.04-04-2025
12/55
21.10.2011, passed by the Ld. Division Bench of this Court in
Criminal Appeal (DB) No. 592 of 2005 (Tulsi Dhadhi @
Dhari & Ors. Vs. The State of Bihar & Ors. & other
analogous cases), wherein it has been held that non-
examination of Investigating Officer is a serious infirmity in
the prosecution case which results in prejudice to the accused.
In this connection, it would be relevant to reproduce paragraph
No.44, thereof hereinbelow:-