IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5862 of 2009 PRABHU MANJHI son of Banwari Manjhi, resident of village Vijay Hatta, P.S. Siwan Mufassil, District Siwan … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Raghav Prasad For the State: Shri Dashrath Mehta,APP ----------- 2. 11.2.2009 Heard. The grievance of the petitioner is that the trial court has not been consistent in getting the witnesses produced and ensuring that the trial is expedited and disposed of. The circumstance in support of the submission is that for about five months there had been no progress in production of the witnesses in the court below and out of eleven witnesses only four have been examined after framing of the charges. If this is what the record speaks, then the learned Presiding Officer, Fast Track Court IV, Siwan, who is hearing Sessions Trial No. 283 of 2008 has to be reminded that innocence of an accused has been recognized internationally as one of the human rights and one could not be confined without imparting justice as it may 2 tantamount to violating the human right of a person. The learned Judge should ensure that no undue adjournment is granted and if at all there is compelling reason then only the hearing could be adjourned subject to proper cost for seeking frivolous adjournment and he should slap the cost on the State and that should be realized from the fee of the Additional Public Prosecutor conducting the case as also from the Officer-in-charge of the Police Station which has investigated the case and to whom the process for production of the witnesses has been entrusted. Finding no merit in this petition, it is dismissed with the above direction/observation. Kanth ( Dharnidhar Jha, J.)