IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17688 of 2010 KULANAND PASWAN Versus STATE OF BIHAR ----------- 3. 7.7.2010 Heard. Regard being had to the fact that the petitioner is the assailant of the deceased, as may appear indicated by the Court in its earlier order passed in Cr. Misc. No. 50116 of 2008, the contention that the petitioner is in custody without the trial being concluded appears of no merit. The petition is dismissed. The Court could not appreciate the report of the learned Judge who submitted that if the prosecution assists the court as submitted by the learned Additional Public Prosecutor then he would be able to dispose of the trial in six months. It may be pointed to the court below that it is also within his duties of dispensing justice that he could make his own efforts for production of the witnesses. This is the reason that the legislature has provided a provision in the Cr. P.C. by drafting Section 309 of it for imposing costs for seeking unnecessary adjournments. It is a matter of regret that the learned trial Judges read that provision only to impose cost upon the accused persons. It is hereby directed that on every date if the prosecution does not produce the witnesses and that too on day- to-day basis, appropriate cost shall be imposed against the State 2 Government. A copy of the order shall be sent to the District Magistrate concerned and the cost shall be realized from the salary of the Officer-in-charge of the concerned Police Station who has the statutory duty of producing the witnesses as per the provision of Section 170(2) Cr.P.C. as also in the light of the decision of the Supreme Court in the case of Shailendra Kumar Vs. State of Bihar reported in A.I.R. 2002 S.C. 270. It is expected, the trial court understands as to what this Court is directing it to do. The trial has to be concluded within six months’ time as reported by the trial court, else, the court below shall send an explanation to this Court as to why the matter be not reported for administrative action against it.. Kanth ( Dharnidhar Jha, J.)