IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23712 of 2009 RADHESHYAM SAHANI @ RADHESHYAM SHARMA Versus STATE OF BIHAR ----------- 3. 9.12.2009 Heard Shri Ram Balak Mahto, learned Senior counsel for the petitioner and Shri Dashrath Mehta, learned A.P.P. for the State. The renewal prayer is on various grounds, but on the chief ground that the Doctor attending on the injured as also some of his attendants or other persons who were in the hospital had given statement before the police that he was not in a state of making any statement. It was further contended that paragraphs 44,47,50 and 52 of the case diary contain the catalogue of cases in which the deceased was accused and may be that out of many of his enemies or any one of them had settled his scores which appears a probability because the petitioner does not bear any criminal antecedent. It was lastly contended that in spite of having been in custody since one and half years the case still hangs fire and even the charges have not been framed. 2 I do not want to express any opinion on the merits of the case but the contention of learned Senior counsel has prompted me to note that if the deceased was not in a state of making statement in the hospital, that does not indicate that he was not making any statement on the spot or on way to the hospital which appears statement of various witnesses that it was this petitioner who had shot and injured him. It may be a truth that the deceases had many criminal antecedents but that may not be a shield for the petitioner as there is direct allegation against the petitioner of firing shot and injuring him. As regards the contention of pendency of the trial, I direct the Additional Sessions Judge IVth, Bettiah, who is seized with Sessions Trial No.203 of 2009 to remind himself of the principle that to have a speedy trial is one of the human rights of an accused person recognized by law and if the learned Judge is not recognizing the human rights of a prisoner then he is encroaching upon it and 3 encroaching upon the fundamental right of the petitioner to have the trial quickly. I further direct that the learned Additional Sessions Judge shall mind his business and pull all strings attached to his fingers to take up the trial quickly so as to expedite it. With the above observation, this petition is dismissed. Kanth ( Dharnidhar Jha, J.)