IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43705 of 2008 MAHESH PANDIT Versus STATE OF BIHAR ----------- 3. 5.12.2008. N.H./ Heard. This petitioner is the main assailant of the victim. He gave a chhura blow on the abdomen of the victim as a result of which he died. In this view of the matter, I am not inclined to reconsider the prayer for bail of this petitioner. Accordingly, the same is hereby rejected. The report of the court below has been received, which is at flag ‘A’. On perusal of the report, it appears that inspite of the specific direction given to the court below, he has not disposed of the case within the time.The explanation submitted by the court below does not appear to be satisfactory. Accordingly, the same is hereby rejected. The petitioner is in jail custody since more than six and half years. The court cannot wait for indefinite period for examination of prosecution witnesses. If the prosecution fails to produce the witness, it is the duty of the court to close the evidence and proceed to dispose of the case. Under the facts and circumstances, the court below is directed to dispose of the case within two months with intimation to this court, failing which appropriate action shall be taken against him. ( Ghanshyam Prasad ) - 2 -