IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47540 of 2008 Nandjee Yadav @ Nandjee Roy son of late Dinanath Yadav, resident of village –Bela, Police Station Ara Muffasil (Bhobaha O.P) District Bhojpur …..Petitioner Versus 1. State Of Bihar 2. Shankar Mishra son of Brajesh Mishra, resident of village Bela, PS Ara Muffasil (Bhobaha O.P) District Bhojpur ……..(Informant) … Opposite Parties ---------------------------------- 03- 21/12/2011 Nobody appears on behalf of the petitioner. Learned counsel for the State and opposite party no. 2 are present. Even yesterday when the case was called out, nobody had appeared on behalf of the petitioner. 2. Learned counsel for opposite party no. 2 has filed an affidavit which is being taken on record. He has brought on record the order passed by the Hon’ble Apex Court where opposite party no. 2 had moved for cancellation of bail granted to one of the accused in the case which is the subject matter of the present application. The Hon’ble Supreme Court had directed the trial court as well as the prosecution to ensure that the trial progresses and is concluded at an early date preferably within six months from the date of communication of the order. Learned counsel has relied on the statements made in paragraph -2 of the counter affidavit in this regard where it has also been stated that 2 four witnesses have been examined on behalf of the prosecution and only two remained to be examined. 3. Taking into consideration the afore- mentioned position, and also the fact that nobody appears on behalf of the petitioner to press this application for the second consecutive day, the application stands dismissed for non-prosecution. mrl ( Ahsanuddin Amanullah, J.)