IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3090 of 2009 SANJIT PASWAN @ AMRENDRA JEE @ PREM JEE son of late Ram Briksh Paswan, resident of village Barhauna, P.S. Konch, District Gaya … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Smt.Anjana Prakash,Sr.Adv. For the State: Shri Dashrath Mehta, APP ----------- 3. 28.1.2009 Heard. The earlier rejection order is contained in Annexure 1 and that may indicate that the important aspects of the case of the petitioner were considered and the prayer was refused considering that the petitioner was one of the assailants of the deceased. The grievance of the petitioner presently is that in spite of being in custody since 23.6.2007 there has not been any progress in the trial. The court below could consider it besides, considering that an accused could be presumed to be innocent and this assumption has been recognized as one of the human rights and, as such, if the learned trial Judge is not making attempts for concluding the trial, then he could be presumed that he could be ignoring the most important legal and human right of the petitioner. For the guidance of the learned trial Judge, who 2 could be seized with Sessions Trial No. 95 of 2005/155 of 2005, arising out of Konch P.S.Case No. 25 of 2003, pending before the Fast Tract Court IV, Gaya, he could have a glance of the decision rendered in Shailendra Kumar Vs. State of Bihar: A.I.R. 2002 S.C. 270 as also the provision of Section 170(2) of the Code of Criminal Procedure and accordingly issue a notice to the officer-in-charge of Konch P..S. appending thereto the list of witnesses cited in the chrgesheet for remaining physically present on all dates of hearing with the witnesses so that the trial is brought to a conclusion. A copy of the notice may also be forwarded to the Superintendent of Police, Gaya and it is expected that the witnesses could be produced regularly so as to assisting the learned Judge in concluding the trial as per his own schedule. With the above observation/direction, the petition is dismissed. Kanth ( Dharnidhar Jha, J.)