IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1791 of 2010 BAIJNATH CHOUDHARY Versus THE STATE OF BIHAR ----------- 3/ 12.5.2010 Heard learned counsel for the parties. Trial Court’s reports appear at Flags – X and Y in which it is indicated that in spite of taking steps for production of witnesses, no witness has been produced by the police before the court below in connection with S.T. No. 657 of 2009. The case is under section 307 of the IPC and, as may appear from the earlier rejection order passed in Cr. Misc. no. 42756 of 2008, the petitioner’s act of giving repeated blows with sickle has resulted in multiple injuries as per description given in that particular order passed by me. The length and breadth of injuries were such as still not persuading this court to grant bail to the petitioner. Prayer for bail is rejected. However, it appears a matter of concern for this court that the bailable warrant of arrest, which was issued against the witnesses for enforcing their attendance so that their evidence could be recorded, is being ignored by the Chowk Police station by which Chowk P.S. Case no. 89 of 2008 was investigated into. I direct the Senior Superintendent of Police, Patna to direct the Officer Incharge of Chowk Police Station to produce the witnesses of the above noted case on day to day basis before the learned Additional Sessions Judge, Patna City for recording their 2 evidence in S.T. No. 657 of 2009 which arises out of Chowk P.S. Case no. 89 of 2008. I further direct the learned court below to draw up an order for fixing a date for production of witnesses and send a copy of the same along with list of witnesses named in the charge sheet both to Sr. Superintendent of Police, Patna and Deputy Superintendent of Police, Patna City for compliance as regards production of witnesses. In case, still the police appears non-cooperative to the court, it shall make a reference to this court so that necessary action may be taken. Let a copy each of this order be sent to Sr. Superintendent of Police, Patna and Deputy Superintendent of Police, Patna City for necessary compliance. Anil/ ( Dharnidhar Jha, J.)