IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19104 of 2004 ISHARAK KHAN @ ISHRAK KHAN, son of Feku Khan, resident of village – Denmarwa, P.S. – Ram Nagar, District – West Champaran at Bettiah. --------- Petitioner. Versus 1. THE STATE OF BIHAR 2. Taufique Khan, son of Kasim Khan, resident of village - Denmarwa, P.S. – Ram Nagar, District – West Champaran at Bettiah. ---------- Opposite Parties. -------- For the petitioner : Mr. Amrendra Kumar, Adv. For the State : Mr. Amarendra Prasad, APP. ------- 04. 07.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application has been filed for quashing of order dated 26.02.2004 passed by 5th Additional Sessions Judge (Fast Track Court) Bettiah in Sessions Trial No. 277 of 2001 as said rejecting the prayer made under section 228 of the Criminal Procedure Code. During hearing the learned counsel for the petitioner failed to show even one single word in order dated 26.02.2004 of the court below showing even by any stretch of imagination that any order was passed under section 228 of the Criminal Procedure Code, rather it is clear from the order that since matter was pending for hearing and order under section 228 of the Criminal Procedure Code but except petitioner, other accused persons were not physically present and petition under section 317 Cr.P.C. was filed on their behalf which was rightly not acceptable to the court. Hence, their bail bonds were cancelled and warrant of arrest - 2 - ordered to be issued. Thus, there is no reason to interfere in the impugned order, accordingly, finding no merit, this application is hereby dismissed. Rajeev/ (Akhilesh Chandra, J.)