IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31603 of 2009 DIPAK KUMAR Versus STATE OF BIHAR ----------- 2/ 04-11-2009 Heard. The grievance of the petitioner is that in spite of being in custody since 25.08.2007 and also in spite of charge being framed against him on 05.03.2009, the witnesses, who are mostly the police personnel, are not turning up for their evidence. This aspect of the matter is very much in cognizance of the court below also but the court below has not pointed out as to what steps it had taken for production of the witnesses except that the summons were issued but the witnesses did not turn up. I direct the Senior Superintendent of Police, Patna to procure the list of witnesses in connection with Alamganj P.S.Case No. 260 of 2007 ( Special Case No. 44 of 2007) under various sections of the N.D.P.S. Act and ensure the production of the police personnel before the Special Judge ( Additional Sessions Judge-9th Court, Patna ) in Special Case No. 44 of 2007 on a day to day basis. It is hereby directed that in case the witnesses are not coming forward within two weeks of the receipt of the present order by the S.S.P., Patna, the court below shall order the S.S.P., Patna to stop salary payment to the witnesses unless they had produced the certificate of it for having - 2 - appeared and given evidence in the court. Any laches in the compliance of this order shall be viewed very serious. As regards the prayer for bail, the same is rejected. The trial shall be concluded by April, 2010 at any day. ( Dharnidhar Jha, J ) BTiwary/