IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41557 of 2010 RAM MILAN BHAGAT, son of Laldhar Bhagat, village & PS Madhuban, District East Champaran - Petitioner. Versus STATE OF BIHAR ----------- 3 5.1.2011 On the last occasion the Ist Additional District & Sessions Judge, Motihari, East Champaran had indicated that the trial is likely to conclude within six months. When the trial did not conclude, this court again called for a report. Again it has been stated on 3.12.2010 by the Ist Additional District & Sessions Judge that the trial is like to take another five months to conclude. Out of twelve charge sheet witnesses, only four have been examined. Obviously there is some lacunae by the prosecution in producing the witnesses. Since both the petitioner and accused Birendra Bhagat are responsible for assault on the deceased, I am not inclined to grant bail to the petitioner. This application is dismissed. However, I direct that the Ist Additional District & Sessions Judge, Motihari should issue bailable and non-bailable warrant of arrest, if necessary, to the witnesses. A copy of the list of the witnesses along with their address should be forwarded to the Superintendent of Police, East Champaran so that the Superintendent of Police may send information to the Officer Incharge within whose jurisdiction the witnesses reside. In the mean time the Ist Additional District & Sessions Judge, Motihari will inform this court regarding the steps 2 taken by the prosecution to produce the witnesses. A copy of this order be sent to the Ist Additional District & Sessions Judge, Motihari with respect to S.T No. 688/2008. haque ( Sheema Ali Khan, J.)