IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15890 of 2009 ISHWARNATH PANDEY Versus STATE OF BIHAR ----------- 3 14.10.2009 Heard. The learned senior counsel appearing for the petitioner left no stone unturned to impress upon the Court that the reasonableness of the defence of the petitioner could not be brushed aside like this. But the central point remains that there is not any explanation as to whether the cartridge which was fired so as to killing the deceased was fire from the gun recovered from the own brother of the deceased. The learned senior counsel rightly conceded that there is nothing tangible indicated in the investigation records, but still contended that there is a counter case which is also under section 307, etc of I.P.C. and that the deceased died after 16 days of the incident, the Court should treat it a ground of free fight and, so, direct the release of the petitioner on bail. After having heard the learned counsel for the petitioner, State and the informant, I am not inclined to review my earlier order in absence of the circumstances as indicated at the very out set of the present order. The petition is dismissed. The petitioner is in custody since 22.12.2007 and it is informed that the case has not even been committed to the Court of Sessions. The Court believes that the learned trial Judge has put the trial on track after framing of charge to try the case and he should do it. The learned counsel for the informant informs at this stage that the trial is going on and two witnesses have been examined and four more witnesses are yet to be examined except the official witnesses who could be the I.O. and the doctor. The learned senior counsel for the petitioner submits that for the last six months there has not been any production of witnesses. The learned counsel appearing for the informant has promised that the remaining public witnesses shall be produced on a day to day basis so as to concluding the trial within a further period of nine months from the date of production/receipt of the copy of the present order. The Court below shall take steps in advance to ensure the production of the official witnesses before the public witnesses are exhausted and conclude the trial within the period as set down above. Spd/- (Dharnidhar Jha, J.)