IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52954 of 2008 ALLAUDDIN, S/o Late Juman Ali, Resident of village – Kulharia, P.S. Parbatta, District – Khagaria. Versus THE STATE OF BIHAR ----------- 2. 30.01.2009 Heard Sri Umakant Prasad, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The court is not inclined to direct the release of the petitioner considering the long absence from trial and the separation of the trial of the petitioner from other accused persons on that account. The learned Additional Sessions Judge – cum- Presiding Officer of F.T.C. 5, Khagaria has directed the prosecution to produce all the witnesses in five months from 2.12.2008 and the court believes that the learned Judge shall stick to his orders on shutting down the prosecution evidence in case of non-production of the witnesses before him. The court wants to improve a bit the above observation by directing that in case the prosecution fails in producing the witnesses, in that case the petitioner shall be released from custody on expiry of the period set down by the learned Judge. This petition is dismissed with the above direction. DKS/ (Dharnidhar Jha, J.)