IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13259 of 2011 BHIKHARI SAHNI, SON OF RAM NATH SAHNI. Versus THE STATE OF BIHAR ----------- 2. 04.05.2011 Heard learned counsel for the petitioner and learned counsel for the State. The renewal prayer on behalf of the petitioner, namely, Bhikhari Sahani is made on the ground that the witnesses including the informant of this case are not coming forward for their examination. This court has indicated the allegation appearing against this petitioner, namely, Bhikhari Sahani and the act which was attributable to him in its order dated 11.12.209 passed in Cr.Misc.No.43814 of 2009. The rejection order passed by Learned IXth Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No.378/10 indicates that the charges were framed against this accused and others vide order dated on10.08.2010. The prayer of bail of the petitioner was rejected when two witnesses had been examined out of 15 witnesses in the charge sheet. It is unfortunate that the witnesses are not being produced for their evidence, as per the provision of Section 2 170(2)Cr.P.C. before the IXth Additional Sessions Judge, East Champaran, Motihari. I could point out to the learned Trial Judge to draw up an order indicating the names of the witnesses, fix a date for their evidence and send a copy thereof appending a list of witnesses to the officer-in-charge of Pakri Dayal P.S. who shall remain present with all the witnesses of Pakri Dayal P.S.Case No. 26/02 on indicated date. The Trial Court shall also transmit a copy of the order to the S.P., Motihari for information. If the Trial Court finds that the order is not being complied with then it may refer the matter to this court for initiating a proceeding against the S.P., Motihari for not complying with the orders of the trial court. As regards the prayer for bail of the petitioner, the allegation levelled against him does not permit this court to direct his release on bail. The prayer for bail of the petitioner was dismissed. Nitesh (Dharnidhar Jha, J.)