IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5589 of 2009 NRIPENDRA SINGH @ NRIPENDRA KUMAR SINGH, son of late Jai Mangal Singh, resident of village Baroli, P.S. Agion Bazar, District - Bhojpur Versus STATE OF BIHAR ----------- 2/ 10.02.2009 Heard. The petitioner had absconded for over five years and he was arrested and produced on 23rd October, 2007. The charges could be framed on 19.7.2008 and, as appears from the rejection order, no witness has been produced within the period starting from the framing of charges up to 12.11.2008 on which date prayer for bail was refused by the FTC II, Bhojpur at Ara. The learned Presiding Officer of the court mentioned that he had written a D.O. letter to the S.P. for production of witnesses on 4.9.2008 but none had appeared nor any report has been received. Such situation prevails everywhere and in almost all trials pending before the courts of different classes. Witnesses have to be produced by the police and if they show indifferent attitude on production of witnesses, the same could not be improved by any order passed by this court. What I could direct the Presiding Officer of F.T.C. II, Bhojpur, Arrah is to direct the Officer Incharge of the police station by issuing a notice which could contain the name of witnesses to be examined in the case to remain physically present on all dates with witnesses. If the witnesses are not produced, then the learned trial judge must impose exemplary cost to be realized from the salary of the Officer Incharge of the police station concerned as he has power to do that under - 2 - section 309 of the Cr.P.C. As regards prayer for bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge, F.T.C. II, Bhojpur at Arrah in S.Tr. No. 138 of 2001 arising out of Piro P.S. Case no. 142 of 1998. Anil/ (Dharnidhar Jha, J.)