IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19939 of 2008 BISHESHWAR YADAV @ BIRO YADAV Versus STATE OF BIHAR - - - - 3. 2.7.2008 Heard. Earlier the prayer of the petitioner was dismissed by Annexure-1. Learned counsel for the petitioner attempted to take me to the merits of the case which I could not do. As regards the trial, the learned Judge has taken some steps but he must ensure the production of the witnesses before him by adopting the procedure indicated by the decision of the Apex Court rendered in Shailendra Kumar Vs. State of Bihar: A.I.R.,2002 SC 270. If the witnesses are not produced he should refer for contempt of his court to this Court. With the above observation, the petition is dismissed. Let a copy of this order be communicated to the Superintendent of Police, Gaya, for information. Kanth ( Dharnidhar Jha, J.)