IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23436 of 2011 Bhabhikashan Singh son of Late Mishri Lal Singh Versus The State Of Bihar ----------- 3. 29.8.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.489, 489A, 489B, 489C and 489E of the Indian Penal Code. The petitioner was refused bail by an order dated 23.7.2010 vide Cr.Misc.No.17731 of 2010 since he had been arrested with counterfeit currency. The prayer for bail has been renewed on the ground that there is undue delay in trial. A report was called for from the Trial Court and it appears that the case is fixed for framing of charge. In view of such, I am not inclined to review the earlier order. The prayer for bail is once again rejected. On a perusal of the report of the Trial Court, I find that the case was fixed for framing of charge on 13.6.2011 but the accused could not be charged in absence of the Additional P.P. I am surprised that the Trial Court has abdicated his duty since even though for sake of convenience the Trial Courts are in the habit of asking the Addl. P.P. to prepare the charge, but the law does not provide for the same. The Trial - 2 - Court should have taken care to frame charges even in absence of the Addl. P.P. However, the P.P., Patna may take appropriate action, if found necessary, on the letter of the Trial Court with regard to absence of the Addl. P.P. on the date fixed in trial for charge. Let the order be communicated to the 4th Additional Sessions Judge, Patna and the P.P., Patna in connection with Sessions Trial No.304 of 2011 arising out of Gandhi Maidan P.S. case No.528 of 2009 for the needful. In the mean while, the Trial Court (4th Additional Sessions Judge, Patna) is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order to the Senior S.P., Patna and the Senior S.P., Patna is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Narendra/ ( Anjana Prakash, J. )