IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23132 of 2010 SUNIL KUMAR SINGH @ TUNTUN SINGH SON OF SRI RAM SEWAK SINGH, R/O VILLAGE- SAKHMOHAN, P.S. BIBHUTIPUR, DISTRICT- SAMASTIPUR (BIHAR)..PETITIONER Versus THE STATE OF BIHAR………………………….. OPP. PARTY ----------- 3 30-3-2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant and perused the letter/report of Additional District and Sessions judge, Rosera, Samastipur dated 4-10-2010. Earlier prayer of the petitioner for bail has been rejected on more than one occasion. The report of the trial court shows that Trial No. 627 A/03 arising out of Bibhutipur P.S.Case No. 13 of 2002 which is case at hand, is pending for trial after framing of charges on 20th September, 2010. Summons have been issued against charge-sheeted witnesses 1 to 6 for evidence. Altogether 52 witnesses are mentioned in the charge-sheet and according to the trial court the trial will take at least one year if both the parties co-operate. In view of the aforesaid report and the earlier orders, the prayer for bail is again rejected. considering the submission advanced on behalf of 2 the informant that there should be a specific direction for not shifting the petitioner from Rosera jail so that trial may proceed un-interruptly on day to day basis, the trial court is directed to fix the trial on day to day basis as the informant has undertaken to inform all the witnesses so that they may appear on the date fixed. For appearance of official witnesses the trial court should issue summons or warrant well before the actual date fixed for their appearance so that the Superintendent of Police, Samastipur may get sufficient time to get summons/warrant executed. In other words, at least six weeks time should be given to the police for execution of summons/warrant considering the date fixed for official witnesses. Counsel for the informant submits that the petitioner is involved in several cases and he has been shifted to Begusarai jail. The State of Bihar is directed to ensure that petitioner is not shifted from Rosera Jail till the trial is concluded. Steps should be taken to bring him back from Begusarai Jail to Rosera Jail at the earliest, preferably within four weeks from today. Let a copy of this order be communicated to the trial court i.e. the court of Addl. Sessions Judge, Rosera, 3 Samastipur by fax. Let a copy of this order be also furnished to the learned Advocate General, Bihar for compliance by the State of Bihar. It is expected that the trial court shall conclude the trial ( S.T. No. 627 of 2003) at the earliest, preferably within one year. Naresh ( Shiva Kirti Singh, J.)