IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47093 of 2008 BANDA NAT Versus STATE OF BIHAR ----------- 2. 3.12.2008 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Ahmad Ali, learned A.P.P. The case is under section 396 of the Indian Penal Code. There is definite allegation of participation of the petitioner in the offence, which is the specific allegation. The witnesses supported the allegation. The contention is that out of four, three witnesses were put on trial and they have been acquitted. Might be the situation is like that the petitioner was not on trial in that case and the evidence of that particular case could not be recorded so as to raising any reference in the present case. The petitioner’s trial has to be gone into. The petition is dismissed. The petitioner is in custody for about four years and it is expected that the trial be expedited. sudip ( Dharnidhar Jha,J )