IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21927 of 2008 RAKESH JHA, SON OF RAM PADARATH JHA, R/V PRAHALADPUR, P.S. MUSHARI, DISTRICT MUZAFFARPUR----------------------PETITIONER. Versus THE STATE OF BIHAR----------------------OPPOSITE PARTY. For the Petitioner : Mr. K.N. Diwakar, Advocate. For the Informant : Mr. Subesh Sharma, Advocate. For the Opposite Party : Mr. Nityanand Tiwary, APP. ----------- 06. 10.12.2008. Heard learned counsel for the petitioner, State as also the counsel for the informant. Petitioner is an accused in a case under Section 302/34 of the Penal code and Section 27 of the Arms Act and is named in the First Information Report along with four others. He appears to be the assailant of the deceased. Counsel for the petitioner, however, submitted that none of the witnesses except the informant were examined during the investigation who are the eye witnesses of the case and appreciating such fact he should be admitted to the privilege of bail. Counsel for the informant, however, pointed out that the case was registered against the petitioner on 2.1.1999 but he remained absconding and ultimately arrested on April, 2007. In view of the statement of the informant recorded in the FIR as also the fact that petitioner has remained absconder, I am not inclined to release the petitioner on bail, however, considering the fact that he is in jail custody since April, 2007, the court below(Chief Judicial Magistrate, Muzaffarpur) is directed to commit the case(Mushari P.S. Case No. 01 of 1999, Tr. No. 263 of 2008) to the - 2 - court of Sessions forthwith and thereafter the trial court should frame the charges and after framing of charge the informant should produce his witnesses so that the trial be concluded within a period of nine months from the date of framing of charge. In the event trial is not concluded within the aforesaid time on account of failure of the informant to produce witnesses, petitioner is at liberty to renew prayer for grant of bail. Rajesh/ (V.N.Sinha,J.)