IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35886 of 2008 RAKESH KUMAR @ GUDDU SINGH @ MAHATMA, son of Ram Kumar Singh, Resident of village Dhrubgama, P.S. Kalyanpur, District Samastipur …. Petitioner Versus STATE OF BIHAR ….. opposite party ----------- 04/ 26.11.2008 In compliance of my order dated 10.9.2008, informant appeared and filed counter affidavit justifying his statements made in the affidavit which was taken into account while passing order dated 7.5.2008 in Cr. Misc. No. 13966 of 2008. Counsel for the petitioner has filed rejoinder thereto and on the basis of the statement made therein he states that statement made in the earlier affidavit is not fully correct as the petitioner herein is not either FIR named or chargesheeted accused in Sakara P.S. Case No. 23 of 2008 and, accordingly, submits that action be taken against the informant for making incorrect statement before this Court. Having heard counsel for the petitioner and the informant, I am of the view that partially incorrect statement was made by the informant in the earlier affidavit, but such incorrect statement was made since petitioner is named as an accused in the extra judicial confession of one Gangesh Kumar recorded in Sakara P.S. Case No. 23 of 2008 forwarded to the CJ.M. In the circumstances, without taking any serious view of the matter, trial court is directed to first frame charges even in absence of other accused persons and thereafter examine the charge sheet witnesses as early as possible, in any case within 2 three months from the date of framing of the charge. Counsel for the Informant is directed to produce the witnesses on the date fixed. Earlier attempt of the petitioner for grant of bail was refused on the ground that he remained absconder for about four years and is also accused in three cases, as such, in the event trial is not over within the aforesaid time then, he shall be at liberty to approach this Court. This application is, accordingly, disposed of. Let this order be communicated to the trial court through District Judge, Samastipur in connection with Musrigharari P.S. Case No. 38 of 2006 through fax on payment of charges by the petitioner. Arjun/ (V.N. Sinha, J.)