IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52927 of 2008 PARAS PRASAD, son of Gopal Prasad, resident of village – Amwa Manjhar, P.S. – Bettiah Mufassil, District – West Champaran Versus STATE OF BIHAR ----------- 2/ 03.02.2009 Heard. It appears from the earlier rejection order, in place of word ‘injured’, the Secretary has typed ‘informant’ in line no.2 of paragraph 2 of the order. Let it be corrected accordingly. Renewal prayer is on the ground that in spite of being in custody since 19th December, 2007, the petitioner’s trial has not yet started. A report was sought to be submitted by the Sessions Judge, Bettiah and that appears at Flag ‘X’. The report of the Sessions Judge, Bettiah accompanies the report of the C.J.M., Bettiah and it is indicated that after submission of charge sheet, a hearing was made on the point of cognizance and the case was fixed for orders on 28.1.2009. The C.J.M., Bettiah has not indicated as to on what date charge sheet was laid down before the court by the I.O. It is pointed out by the learned counsel for the petitioner that charge sheet no. 34 of 2008 was laid down by the I.O. of the case on 29.2.2008 and it is about a year now that no order of cognizance or summons has been passed by the C.J.M. The court expresses its unhappiness over the lethargy which appears afflicting the C.J.M. Bettiah. If he could not understand the implication of not passing an order on submission of charge sheet - 2 - or cognizance, then he could not be an officer fit to be continued as C.J.M. I recommend for placing of the order before Hon’ble the Chief Justice for necessary action if his lordship thinks necessary to be taken against the officer. As regards the merit of the case, I have dealt with the same in my order passed in Cr. Misc. no. 21559 of 2008 and that does not appear a bit creating any ground for the petitioner being released on bail. There is no circumstance placed, except pending enquiry for an order on the final report and in that background, I dismiss the petition. Anil/ (Dharnidhar Jha, J.)