IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43623 of 2008 BIRCHANDRA RAI ……. PETITIONER Versus THE STATE OF BIHAR ……. OPP. PARTY ----------- 2. 18.11.2008 Heard Sri Kishore Thakur, Advocate for the petitioner and Sri D. Mehta, APP for the State. The police says that the petitioner had assembled for committing dacoity after having made preparation in behalf. The petitioner was arrested on chase and his person was searched and the petitioner was found carrying an automatic pistol of 9 mm, which is a prohibited arm. The contention is that the petitioner is in custody since 27.6.2006 and charges have been framed on 2.2.2007 and two witnesses have been examined, but there is no further progress in the trial. Considering the recovery of a prohibited arm from the possession of the petitioner, the petition is dismissed. The court below is reminded of its duty of handing out justice to the petitioner by holding trial with expedition, especially in a case in which most of the witnesses or almost all the witnesses could be police personnel. The Officer-in- charge of the police station could be issued notice for - 2 - production of the witnesses cited in the charge sheet in the light of Shailendra Kumar Vs. State of Bihar reported in AIR 2002 SC 270. DKS/ (Dharnidhar Jha, J.)