IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17494 of 2010 LATTER PATEL Versus STATE OF BIHAR ----------- 3. 28.7.2010 Heard. Considering the recovery and the nature of the arms and the place from where it was recovered, the Court is not inclined to grant bail to the petitioner. The petition is dismissed. However, it appears from the report appearing at Flag ‘A’ that one of the accused Sunil Yadav has been sent to Saharsa on remand in connection with any other case which is pending before any court in Saharsa and the Superintendent of District Jail, Saharsa, in spite of being directed to produce Sunil Yadav before the Additional Sessions Judge-cum-Presiding Officer, Fast Track Court 4th, Khagaria, has not produced him on at least four occasions. It is found from the report that said Sunil Yadav is in Saharsa in connection with Sessions Trial No. 117 of 2007. He is hereby directed to be sent back to the District Jail, Khagaria. The Superintendent of District Jail, Saharsa is directed to send him in seven days from the receipt of a copy of the present order. Let a copy of this order be transmitted to the Sessions Judge, Saharsa, who shall send it to the court where Sessions Trial No. 117 of 2007 may be pending and that court shall take steps for sending a copy of the same to the 2 Superintendent of District Jail, Saharsaa, for compliance of the order. It is expected that accused Sunil Yadav is produced in the trial court at Khagaria in Sessions Trial No. 68 of 2008 arising out of Gogri P.S.Case No. 177 of 2007. As may appear from the very nature of the report of the trial court, all the witnesses who could be necessary to be examined in proof the charges could be the police personnel Let the Superintendent of Police, Khagaria, issue an order directing each of those witnesses who are cited in the charge sheet of Gogri P.S.Case No. 177 of 2007 to appear on the dates to be fixed by the learned trial Judge, i.e., The Fast Track Court IV, Khagaria on day-to-day basis for giving their evidence in Sessions Trial No. 68 of 2008, else, their salary shall be stopped till they produce certificates from the trial court indicating that they have appeared in the court below and after deposing on behalf of the prosecution have been discharged. If any of the police personnel has been transferred from Khagaria then the Superintendent of Police, Khagaria, shall send his order along with a copy of the present order to his counterpart of that District for compliance. It is expected that the trial is heard and concluded by the above mode in a period of four months. The learned trial Judge shall not grant any adjournment and carry on the trial on day-to-day basis till it is finally disposed of by delivering the judgment. Incase the trial is not concluded within the said period, then, the learned trial Judge himself direct 3 release of the petitioner on bail on furnishing bond to his own satisfaction. Kanth ( Dharnidhar Jha, J.)