IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31663 of 2008 JALESHWAR SHARMA Versus THE STATE OF BIHAR ----------- 02/ 20.08.2008 Heard. In view of the fact that the petitioner is alleged to have fired shots so as to killing one person and injuring the other, I am not inclined to direct his release. The petition is dismissed. However, it appears that the trial is under way and the submission is that some observation could be in the interest of the petitioner as also in the interest of justice. I could direct the learned Presiding Officer of the F.T.C.III, Ara, where Sessions Trial No. 51 of 2007 is pending to go through the decision of the Hon’ble Supreme Court in Shailendra Kumar Vs. State of Bihar AIR 2002 SC, 270 and abide by the directions therein by their Lordships. Besides, the learned court below may also consult the provisions of Section 170(2) CrPC and issue a notice to the Officer-in- charge of the police station appending thereto the list of witnesses with full details and address for their production on all dates of hearing. The trial has to be concluded simply - 2 - for the reason we are not in the year, 1889. We are in 2008 and it is since last 62 years that we have a constitution which guarantees some fundamental right and that right includes the right to have justice expeditiously, through procedure fair and reasonable. I believe that the learned trial court keeps this in mind and does the balancing act in dispensation of justice and giving effect to the constitutional provisions relating to liberties. DKS/ (Dharnidhar Jha, J)