IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31545 of 2008 BHAIRAB YADAV @ BHAIRAWA YADAV @ BHAIRO YADAV Versus STATE OF BIHAR - - - - 2. 19.8.2008 Heard. The petitioner appears the assailant of the deceased on account of firing shot and killing him as per the allegation. The contention is that the petitioner is in custody since February, 2004 and his trial has not yet been concluded. The rejection order passed by the learned Additional Sessions Judge, Fast Track Court I, Banka, indicates that a couple of witnesses have been examined till date. He further mentioned that two other eye witnesses were examined, considering which the prayer for bail was rejected by him. That order was passed on 31.10.2007, about ten months ago, and the Court does not know as to what head way the court has been able to make in the trial. At any ate, it could be expected that the trial could be concluded in another period of one and a half years from the date of receipt/production of a copy of the present order. 2 For the guidance of the trial court, I could refer to it the decision of the Apex Court rendered in the case of Shaialendra Kumar Vs. The State of Bihar: A.I.R. 2002 S.C. 270 and the provision of Section 170(2) of the Code of Criminal Procedure and could request it to act accordingly as per the direction of the Apex Court for seeking production of the witnesses so as to concluding the trial. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)