IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38812 of 2008 PANJABI MANDAL @ PUNJBA MANDAL Versus STATE OF BIHAR ----------- 2. 10.9.2008 Heard. The renewal prayer is for bail. The earlier prayer was dismissed by Annexure-1 in Cr.Misc.No. 36844 of 2007. The petitioner has renewed his prayer before the court below and according to the rejection order the learned Judge after having framed the charges on 1.4.2008, has examined three witnesses till passing of the order of the rejection on 30th of July, 2008. The learned Judge has mentioned that summons and warrant have been issued against remaining prosecution witnesses and that there was no fresh material for granting bail to the petitioner. It is true that the learned Judge could be able in getting three witnesses produced before him, but it also is true that he is the only Additional Judge posted at Naugachia and shall have to dispose of urgent matters like bail petitions, criminal appeals and revision petitions and that could, probably, be the reason for the speed of trial being retarded. At - 2 - any rate, the learned Judge could consider devoting some time to this case. The Judge could have in his discretion to get a witness firstly produced before him and then to hear other witnesses. This is apparently clear from Section 231(2) of the Cr.P.C. The learned Judge should utilize his powers and discretion and enforce the production of the informant and record his evidence before producing further in the matter of examination of any other witnesses. The petition is dismissed with the above directions. B.Kr. ( Dharnidhar Jha, J. )