IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6313 of 2009 GORKA @ GORELAL @ DIPU KUAR son of Lala Gope, resident of Mahatma Gandhi Nagar, P.S. Agamkuan,District Patna … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Satishs Kr.Singh For the State: Shri Dashrath Mehta, APP ----------- 2. 16.2.2009 Heard. As recorded in the earlier order Annexure- 1 and that gets support from the F.I.R., the petitioner Gorka alias Gorelal alias Dipu Kumar and other accused Munna Yadav were named by the deceased as his assailants. That position does not appear changing any bit. The petition is dismissed. However, the petitioner is in custody since 13.3.2007 and it is not available from the rejection order to this Court as to what headway the learned trial Judge has made in the hearing of Sessions Trial 109 of 2008. I direct the learned trial Judge to issue a notice to the officer-in-charge of Agamkuan Police Station in connection with Agamkuan P.S.Case No.2 of 2007 annexing 2 thereto the list of witnesses cited in the chargesheet with a direction to him to remain physically present with the witnesses on dates of hearing which might be fixed in the case. The learned Judge could do it in the light of Section 170(2) of the Cr. P.C. as also the decision of the Apex Court in Shaialendra Kumar Vs. The State: A.I.R., 2002 S.C. 270. In case the Officer-in-charge fails in complying with the court’s orders, the learned Judge could consult Section 309 Cr. P.C. and impose proper cost against the prosecution for seeking undue and unnecessary adjournments which may be directed to be recovered from the salary of the concerned officer-in-charge of the Police Station. Kanth ( Dharnidhar Jha, J.)