IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3464 of 2009 SANJEEV KUMAR SINGH son of Ram Chandra Singh, resident of village Gorgama, P.S.Naya Gaon, District Begusarai … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Rajeev Kr.Verma, Sr. Adv. For the State: Shri Dashrath Mehta, APP ----------- 2. 28.1.2009 Heard Shri Rajeev Kumar Verma, learned Senior counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The earlier prayers for bail of the petitioner were dismissed twice, as may appear from Annexurs-1 and 2. The main grievance of the petitioner is that in spite of being in custody since 18.5.2007 the petitioner has not got justice on account of non-disposal of Naya Gaon P. Case No. 11 of 2007. This could be for the learned trial Judge, who could be trying the above noted case, to consider as to why and for how long the petitioner could be confined without trial. I could direct the learned Judge to 2 consult the provision of Section 170(2) of the Cr. P.C. and also the decision of the Supreme Court in Shailendra Kumar Versus State of Bihar: A.I.R. 2002, S.C. 270 and act accordingly by issuing a notice to the Officer-in-charge of Naya Gaon Police Station appending thereto the list of witnesses whose names appear in the chargesheet and direct the Officer-in-charge to remain physically present on all dates of hearing with the witnesses. A copy of the notice may also be transmitted to the Superintendent of Police, Begusarai, and if the court adopts the procedure it could find the result coming out. Besides, the court below could also consider slapping of cost for not producing the witnesses upon the prosecution. After issuing such notice, the cost to be realized from the salary of the Officer-in-charge of the Police Station. This he could do, the Court believes, in the light of the provision of Section 309 of the Cr. P.C.. The Court pins its hope on the ability of the learned trial Judge and expects the case to be concluded within the 3 remaining period of the year 2009. The petition is dismissed with the above direction/observation. Kanth ( Dharnidhr Jha, J.)