IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32695 of 2008 RAJESHWAR YADAV Versus STATE OF BIHAR - - - - 2. 28.8.2008 Heard. The Court could not have much scope to reconsider its earlier order passed in Cr.Misc. No. 47774 of 2007 especially when the Court was holding that the petitioner could be the assailant of the deceased. The contention is that the Court had directed the trial court to conclude the trial ‘as early as possible.’ The Court was not setting down any specific timeframe in the earlier order. The contention is that the petitioner is in custody since 8.5.2007 and the case has not been committed to the court of Sessions and only police papers have been supplied to the petitioner by the Additional Chief Judicial Magistrater or any other Magistrate who could be seized with Bihta P.S.Case No. 290 of 2006. I direct the Additional Chief Judicial Magistrate, Danapur to commit the case during the month of September,2008, by all means and 2 at any rate. The learned Sessions Judge, Patna shall ensure that the trial is made over to any Sessions Judge and the learned Judge shall conclude the hearing within a period of two years from the date of receipt/production of a copy of the present order. I could guide the learned Judge who could be receiving it by pointing out that he could go through the decision of the Apex Court in Shailendra Kumar Vs. State of Bihar: A.I.R. 2002 S.C. 270 and issue a notice after framing of the charges to the Officer-in-charge of Bihta police Station directing him to produce the witnesses on the dates fixed for their examination and at the same time to remain physically present in court. The court could append a list of witnesses with full description with that particular notice. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)