IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23917 of 2008 MD. SAHEB JAN Versus STATE OF BIHAR - - - - 4. 1.9.2008 Heard. This is third attempt on behalf of the petitioner, of course, having approached the lower court and it has again dismissed the prayer but it does not appear from the rejection order as to what is the stage of the trial and what progress has been made by the learned trial Judge in hearing the trial. However, it was contended that two witnesses have been examined in the trial court. There are three persons who are alleged to have fired shots including the present petitioner. Lakshman is alleged to have fired first following by Satya Narain Kamat whereafter it is this petitioner who went near the deceased and said that he was still alive and could deal a final blow. Three injuries of entry were found. As may appear from the rejection order, the charges were framed on 5.8.2006 and in between two witnesses have been examined, as 2 per the submission. What appears from the copies of the orders passed by the court is that on 6.4.2008 he has directed to write a letter to the Director General of Police Administration for production of the witnesses. The court simply was not knowing as to how to get the witnesses produced and is probably searching in the darkness on the ways and means. I could direct the court below to go through the decision of the Apex Court in Shailendra Kumar Vs. State of Bihar: A.I.R. 2002 S.C. 270 and act accordingly. May be that the court could not get the witnesses so easily, I could direct the court below to issue a notice to the Officer-in-charge of Supaul Police Station appending thereto a list of the witnesses who are yet to be examined with full details and direct him to remain present with the witnesses on all dates fixed. The court may, thereafter, take appropriate steps of disposing of the case. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)