IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28782 of 2008 MD.MUSTAFA Versus STATE OF BIHAR ----------- 3. 29.7.2008 Heard. Regard being had to the record of facts earlier made by this court while dismissing miscellaneous petition no.37231 of 2007, I do not inclined to direct the release of the petitioner on bail. Petition is dismissed. The contention is that the petitioner is in custody since 27.6.2007 and the case is not being committed for trial because one of the three accused is still absconding. The court below may exhaust the processes and commit the case to the court of Sessions which could ultimately act under Section 299 Cr.P.C for proceeding in the matter. The petitioner must have solace of seeking himself before the court of Sessions and accepting that he could get justice at the earliest. B.Kr. ( Dharnidhar Jha, J. )