IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6539 of 2009 ANIL KUMAR SINGH & ANIL SINGH, son of late Sudin Singh, resident of village Chandanpura, P.S.Nayaram Nagar, District - Munger Versus STATE OF BIHAR ----------- 3/ 08.04.2009 Heard. The renewal prayer has been made on the ground that in spite of being in custody since 19.1.2007, the trial of the petitioner has not yet started. As may appear from order passed on 18.2.2009, a report was sent for from the trial court i.e. F.T.C. IV, Munger and that appears at Flag ‘A’, according to which, charges against the accused persons were framed on 17.1.2009 and in spite of summons being issued against the witnesses no one turned up till 17.2.2009 forcing adjournment of hearing to 7.3.2009. The case has been committed in 2007. Learned counsel for the petitioner has also touched upon the merit of the case but I do not want to go on that aspect of the matter as I have dealt with the factual aspect of the matter in the earlier order. The trial could be expedited by the learned trial judge and he could be ensuring the disposal of the case within two years from the date he has framed the charges. For the guidance of the learned Judge, it is pertinent to mention that he could go through the decision rendered by the Hon’ble Supreme Court in the case of Shailendra Kumar Vs. State of Bihar reported in AIR 2002 S.C. 270 and act accordingly in forcing the attendance of the witnesses. While issuing - 2 - notice to the Officer Incharge of the concerned Police station, a list of witnesses be also sent to the Superintendent of Police concerned with a request to ensure production of the witnesses from his corner as well. In case the court does not get proper assistance from the police, it may be free to approach this court with proper complaint. The petition stands dismissed. Anil/ (Dharnidhar Jha, J.)