IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6947 of 2008 1. DHIRENDRA KUMAR SINGH S/O LATE SACHIDANAND SINGH 2. OJINDER MANDAL S/O LATE SUDHAN MANDAL 3. ABHAY KUMAR SINGH S/O LATE PARMESHWAR PRASAD SINGH 4. MANOJ KUMAR MANDAL @ MANNU MANDAL S/O LATE RAMDHARI MANDAL 5. SUBODH KUMAR MANDAL S/O LATE KHARANGI MANDAL, ALL R/O KAPSAUNA, PS- SHAHKUND, DISTT-BHAGALPUR-PETITIONERS Versus THE STATE OF BIHAR----------------OPP. PARTY. ----------- 2 9.4.2009 Heard learned counsel for the petitioners and learned A.P.P. for the State. Petitioner is aggrieved by the impugned order dated 5.1.2008 by virtue of which Fast Track Court IV, Bhagalpur in Sessions Trial No. 1125 of 2004 has allowed the petition under section 311 of the Code of Criminal Procedure filed on behalf of the prosecution to adduce evidence. Submission of learned counsel for the petitioners is that four witnesses have been examined. No further witnesses were turned up and the final arguments have been made from both the sides and at this belated stage a petition on behalf of the prosecution under section 311 of the Cr. P. C. has been filed. However looking at the totality of the matter, this Court comes to a considered opinion that if the prosecution does not produce the eight remaining chargesheet witnesses within the period of three months from the date of production or communication of a copy of this order, the court below will free to proceed in the matter on the basis of the materials and evidence already on record. This application stands disposed of with the above - 2 - direction. If the petitioners deposit the cost of Fax, the order may be communicated to the court below through Fax. RPS (Ajay Kumar Tripathi,J.)