IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42402 of 2008 BHOLA SAO, Son of Nanhaku Sao, Resident of Village- Itadih, P.S.- Fatehpur, District- Gaya :------ Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- 4. 03.12.2008. In compliance of my earlier order dated 22.10.2008 Joint Registrar, Monitoring Cell, Fast Track Court has submitted his report dated 14.11.2008, Flag-A, wherefrom it appears that the case could not be committed to the court of Sessions as three other co-accused are absconding. Petitioner has remained in jail custody for more than one year. In the circumstances, even in absence of other co-accused, court below (Sri Ashok Kr. Gupta, J.M., 1st Class, Gaya) is directed to commit the case (Fatehpur P.S.Case No. 115 of 2001) to the court of Sessions forthwith and thereafter the trial court should frame charges and prosecution agency i.e. Superintendent of Police, Gaya and the Officer-in-Charge/Investigating Officer concerned are directed to produce the witnesses on each and every date fixed so that trial is concluded within nine months from the date of commitment, failing which petitioner shall have the liberty to renew prayer for bail. This application is, accordingly, disposed of. Copy of this order be forwarded to the learned Magistrate as also the Superintendent of Police, Gaya and the Officer-in-Charge concerned through fax by the office of this Court. P.K.P. (V.N.Sinha,J.)