IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40673 of 2008 1) Shankar Rai, 2) Sakaldeep Rai, 3) Jawahir Rai, all sons of village Khajuata, PS Vaishali, Dist. Vaishali – Petitioners. Vs. The State of Bihar. 2 26.7.2011 HeardMr. Dhananjay Kumar Singh, counsel for the petitioner and the A.P.P. representing the State. This application has been filed challenging the order, dated 19.7.2008 passed in S.T. No. 115/1999 by the Additional Sessions Judge, FTC IV, Vaishali in the following circumstances. The evidence of the prosecution was closed on 2.9.2007. The statement of the accused was recorded under section 313 of the Cr.P.C. on 26.11.2007. Thereafter several adjournments were given to the defence to produce their witnesses. The last adjournment was granted on 4.7.2008 on the condition that the defence should pay a cost of Rs. 500/-. Again on 29.7.2008 when the matter was placed on the board, the defence failed to produce any witnesses. The court cannot given time for the asking in this matter. As it is the duty of the prosecution to produce witnesses, it is also the duty of the defence to lead evidence to substantiate their case. I do not find any merit in this case. This application is dismissed. haque ( Sheema Ali Khan, J.)