IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4968 of 2009 DEVNANDAN YADAV, son of Late Baleshwar Yadav, village Lodipur, PS and district Sheikhpura – petitioner. Versus 1. The State of Bihar, 2. Dinesh Yadav, son of Kashi Yadav, village Lodipur, PS District Sheikhpura – opposite parties. 2 17.11.2009 This application has been filed against the order, dated 19.1.2009 passed by the Addl. District Judge, FTC V, Sheikhpura in S.T. No. 37/2005 by which the petition to produce the defence witnesses has been rejected. The facts reveal that on 15.12.2008 the accused were examined under section 313 of the Cr.P.C. The petitioner produced defence witnesses on 23.12.2008. On that date the court was not available due to unavoidable circumstances. The next date fixed in the case was 16.1.2009. The petitioner produced documents with respect to the suit pending in the court as well the documents to show enmity between the parties. Thereafter on 19.1.2009 the petitioner could not produce his witnesses and the court below closed the evidence of the defence without giving him further opportunity. In the facts aforesaid this court thinks that it would be proper that the court should give the petitioner one more opportunity to produce evidence. I make it clear that the petitioner should produce his witnesses on the next appointed date after production of a copy of this court in the court below. The court will give at least ten days’ time to produce his witness. This application is disposed of with the aforesaid 2 observations. The counsel for the petitioner is directed to deposit the cost of Fax for communicating this order to the court of the Addl. District Judge, FTC V, Sheikhpura in the aforesaid case. haque (Sheema Ali Khan, J.)