IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39943 of 2010 MAHESH PRASAD SINGH Versus STATE OF BIHAR ----------- 2. 3.11.2010 Heard. The prayer for bail of the petitioner has been made on the ground that the petitioner has remained in custody since 23.2.2005 and the trial is yet to be concluded. Though no exact date has been pointed out to the Court during course of hearing of the present petition as regards the framing of charges but it was conceded that it were framed sometimes in 2008. The impugned order passed by 1st Additional Sessions Judge, Patna, in Sessions Trial No. 567 of 2006 indicates as if five witnesses have been examined and rest witnesses were to be examined. The learned trial court has not specified the number of the rest witnesses. Learned counsel for the petitioner submitted that the informant, the Doctor holding the post-mortem examination and the Investigating Officer of the case are only the witnesses who are yet to be examined. I give three months’ time to the trial court for procuring their attendance and examining them. In case the learned trial court fails in procuring the attendance of the three witnesses noted above in the timeframe of three months, which should be reckoned from the date a copy of the present order is produced or received by the trial court, the trial court shall shut out the prosecution case and proceed to deliver the judgment 2 after hearing the parties arguments. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)