IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34671 of 2008 LAL BAHADUR RAI, SON OF JAI LAL RAI, R/V PURSSOTTAMPUR, P.S. MAKER, DISTRICT SARAN AT CHAPRA------------------------PETITIONER. Versus STATE OF BIHAR-----------------------OPPOSITE PARTY. For the Petitioner : Mr. V.K.Singh, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ----------- 03. 15.12.2008. Petitioner’s earlier attempt for grant of bail was refused by this Court not once but twice under orders dated 13.9.2006 and 10.12.2007 as contained in Annexures- 1 and 1/A to this application and by now he has remained in jail custody for about three years. Appreciating such fact this Court called for a report from the trial court about the stage of the trial. It appears from the report dated 20.9.2008 that the trial court has issued summons fixing 26.9.2008 as the date for recording the evidence of the witnesses. Counsel is not aware about the developments made in the trial court on 17.9.2008. Having heard counsel for the petitioner as also the counsel for the state, I direct the trial court(Ist Addl. Sessions Judge, Saran) to issue bailable warrant of arrest through Officer-in-Charge concerned to the witnesses who are not responding to the summons issued for their appearance and recording of evidence. The court shall record the evidence of the witnesses as early as possible, in any case within a period of six months from the date of receipt/production of a copy of this order if not already examined and proceed with the trial(Sessions Trail No. 398 of 2008) and conclude the same within a period of nine months from the date of receipt/production of a copy of this order. Application stands disposed of. Rajesh/ (V.N.Sinha,J.) - 2 -