IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37686 of 2010 RAMDEO DOME S/O LATE JUGAL DOME, RESIDENT OF VILLAGE TIHUKI, P.S. BANZARI, DISTRICT PARASA (NEPAL). Versus THE STATE OF BIHAR ----------- 3. 7.3.2011. Heard Shri Yogesh Chandra Verma, learned Senior Counsel appearing on behalf of the petitioner, Smt. Nirmala Kumari, learned Additional Public Prosecutor and Mr. Md. Abu Haidar, learned counsel appearing on behalf of S.S.B. In this case, accused was intercepted by officer of the S.S.B. This is the second attempt for grant of bail. On 16.3.2010, prayer for bail of the petitioner was rejected on merit vide Cr. Misc. No.7844 of 2010 (Annexure-1 to the petition). Shri Y.C. Verma, learned Senior Counsel has argued that the petitioner is in jail since 1.9.2009 and last witness i.e. P.W.3 was finally examined and discharged on 17.5.2010 and thereafter, prosecution has not taken any step for producing witnesses. It was further argued that report regarding the ganja is also not available on record and as such the 2 petitioner is entitled to be released on bail. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail. Since the prayer for bail on merit was already rejected by this Court, there is no ground for renewing or recalling earlier order. Accordingly, on merit, no order can be passed. So far as period of custody and non production of witnesses are concerned, the court is of the opinion that keeping in view the period of custody of the petitioner, the prosecution can be directed to take all steps for early disposal of the trial. Trial is already going on. The petition stands rejected with a direction to the concerned Superintendent of Police as well as Commandant of concerned S.S.B. to ensure production of witnesses on the date fixed by the trial court. Let a copy of this order be communicated to the concerned Superintendent of Police as well as 3 Commandant of S.S.B. N.H./ ( Rakesh Kumar,J.)