IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2396 of 2009 ARVIND YADAV xon of late Ram Pukar Yadav, resident of village Sirsiya, P.S.Biraul, District Darbhanga … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner:Shri Bhubneshwar Prasad For the State:ShriDashrath Mehta,APP ----------- 2. 20.1.2009 Heard. The petitioner’s prayer for bail was earlier dismissed by me by order contained in Annexure-1 and there is no dispute that the petitioner is the assailant of the deceased. The grievance of the petitioner is that in spite of being in custody since March, 2007 only four witnesses have been examined and no further progress is made by the learned trial Judge. The production of witnesses are dependent upon the execution of the court’s processes or the diligence of the assisting agency. In that light, I could direct the learned trial Judge, who is trying Sessions Trial No. 187 of 2007 arising out of Biraul P.S.Case No.14 of 2007 not to grant unnecessary adjournment and if the learned 2 Judge is convinced that the witnesses are not being produced for undue reasons then he could look to the provision of Section 309 Cr.P.C. and impose an appropriate cost against the State to be realized from the Officer-in-charge of Biraul Police Station. The learned Judge could issue a notice to the Officer-in-charge of Biraul P.S. appending thereto the names of the remaining witnesses to be examined and direct him to remain physically present on all dates of hearing with the witnesses. A copy of the notice may also be forwarded to the Superintendent of Police, Darbhanga, for information and needful. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)