IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29152 of 2008 Baijnath Singh @ Baidya Nath Singh, son of Late Ram Sewak Singh, village Gadura, PS Sanjhauli, district Rohtas – Petitioner. Vs. 1. The State of Bihar, 2. Jokhan Singh, son of Bhikhari Singh, village Gadura, PS Sanjhauli, district Rohtas – Opp. Parties. 2 10.8.2009 Heard the parties. This application has been filed against the order, dated 7.7.2008 passed by the Addl. Sessions Judge, F.T.C. V, Rohtas in S.T. No. 406/2007 arising out of Sanjhauli PS Case No. 40/1996 by which the petition filed under section 311 of the Cr. P. C. has been rejected on the ground of delay. This court finds that leaned Addl. Sessions Judge was justified in not allowing the prayer under section 311 of the Cr.P.C. because the defence had produced its witnesses on 4.12.2007 and the petition was filed on 28.7.2009. In any event this application remained pending before this court and the trial court had granted time to the petitioner to produce an order of stay. The matter was to be heard for admission as it was placed at the top of the list on 29.7.2009 but on it could not be heard on that date because of a reference held in this court. It is submitted that as the case was running on the list within the first twenty cases, counsel for the petitioner filed a petition under section 317 of the Cr.P.C. before the trial court. The trial court rejected the petition and issued warrant of arrest against the petitioner which order has been challenged by filing a supplementary affidavit. 2 In my opinion the court below ought not to have waited for the orders of this court so long and ought to have continued with the trial of the case. However, after giving the petitioner an opportunity of almost a year, I see no reason that the court below should not have granted further time to the petitioner. In any event, this application is dismissed but at the same time this court set asides that part of the order dated 28.7.2009 by which petitioner’s bail has been cancelled and directs that the petitioner should appear before the trial court on 3.9.2009, which is perhaps the date fixed for hearing of the case along with a copy of this order. haque (Sheema Ali Khan, J.)