IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6890 of 2010 SANJAY KUMAR Versus STATE OF BIHAR ----------- 2. 5.5.2010 Heard Shri Sunil Kumar Thakur, learned counsel appearing for the petitioner whose prayer for bail was earlier dismissed in Cr. Misc No. 26530 of 2007 on reasons assigned therein. That order appears challenged before the Supreme Court but that S.L.P. was withdrawn and it was dismissed as not pressed with permission to the petitioner to file a fresh petition at an appropriate stage. There is no ground except one that the signature on the documents indicating withdrawal of the amount of over rupees one crore and thirty seven lacs did not bear the signature of this petitioner. There was a fervent appeal made to me that this Court should direct the court below to obtain specimen signature of the petitioner for being tallied with the disputed signature. I believe, it could be done by the petitioner himself at the appropriate stage by adducing evidence in defence. It was informed that the charges have been framed but no witness has been produced before the learned trial Judge. Let the learned Magistrate identify his duties and act fast with heavy hand to ensure that the witnesses are forced to be produced before him. After recording the evidence of some witnesses or taking other evidence in the form of documents, the learned trial Magistrate may consult Section 323 of the Cr. P.C. 2 and examine the issue of committing the case to the court of Sessions, but that question has to be decided by him without being prejudiced by the present order. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)