IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31465 of 2009 GOPAL JHA Versus STATE OF BIHAR ----------- 7 07-07-2010 Heard learned senior counsel appearing for the petitioner in this renewal prayer. Earlier prayer for bail was dismissed vide order dated 19-01-2009 passed in Cr. Misc. No. 49898 of 2008. The renewal prayer has been made on account of the fact that some of the witnesses stated in their evidence that this petitioner Gopal Jha had not fired on the deceased. The learned Public Prosecutor has referred to some of the paragraphs of the case diary and has pointed out that petitioner Gopal Jha also appears bearing the same allegation that he fired at the deceased. There were four injuries reported by the doctor. Under the above facts and circumstances, the renewal prayer is again dismissed. However, the petitioner is in custody since 16- 07-07 and in spite of framing of charges on 13-08-2008 the learned trial court appears taking time in the matter that he could examine a witness in a period spanning over a year. If it could be the pace of examining witnesses then at least this court should not visualize as 2 to when the trial of S.T. No. 462/08 arising out of Bibhutipur P.S. Case No. 61/2003, can be brought to a conclusion. Let the trial court be directed to go through the judgment of the Supreme Court in the case of Shailendra Kumar Vs. State of Bihar (AIR 2002 SC 270) as also the provisions of Section 170-(2) Cr.P.C. and act accordingly by issuing a notice to the officer-in- charge, Bibhutipur Police Station calling upon him to remain physically present on all dates of hearing of the witnesses. In case, the order is not complied by the police officer noted above, the court shall impose appropriate cost upon the state under section 309 of the Code of Criminal Procedure and direct the same to be deducted from the salary of the officer-in-charge of Bibhutipur Police Station. The court below while issuing the notice as directed above, must also enclose a copy of the list of witnesses cited in the charge sheet. It is expected that the trial by the above process shall be brought to conclusion in a period of six months, the date which has been fixed by the trial court, which shall be counted from the date when the trial court receives the copy of the present order on account of same being transmitted by this court or the same being produced by any of the accused persons. Sujit (Dharnidhar Jha,J)