IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34380 of 2008 SANOJ PASWAN Versus STATE OF BIHAR - - - - 2. 14.8.2008 Heard. The prayer for bail of the petitioner was twice rejected, one with a direction to approach the lower court first. The order passed by the lower court records its efforts with regard to production of the witnesses. The learned Judge has mentioned that it is true that the charges have been framed on 20.12.2007 but in spite of all the best efforts of the court and the learned Additional Public Prosecution not even a single witness could not be produced. This Court simply wonders as to what could be the best efforts if the witnesses were not produced. The learned trail Judge does not appear aware of the position that after 26.1.1950 we have a Constitution and the Constitution guarantees certain rights to the citizens. A person who could be an accused in a case, even a convict or even a condemned prisoner has some rights guaranteed by the Constitution. In a case of the present nature the guarantee is of expeditious ending over 2 the justice and if the court is taking its responsibilities in such a lethargic manner then the petitioner could claim that he is being denied of his constitutional right. This is why the modern jurisprudence of criminal law takes into its notice balancing of the fundamental rights of an accused and the administration of justice as per the law established. Besides, the learned trial Judge does not appear aware of the latest law on the point as to what could be the procedure of getting the witnesses produced before it. One could have simply looked to the provision of Section 170(2) of the Code of Criminal Procedure as also the decision of the Apex Court in the case of Shailendra Kumar Vs. The State of Bihar: A.I.R. 2202 S.C. 270. It is expected that the trial judge adopts the procedure as settle down by the Apex Court and dispose of the trial within a period of two years from the date of receipt of a copy of this order. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)