IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45619 of 2008 BIJAY JHA @ VIJAY JHA …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY ----------- 2. 27.11.2008 Heard Sri Narendra Kumar Mishra, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner is the assailant of the deceased and on that account the petition is dismissed. The petitioner has annexed some of the copi8es of the orders passed by the F.T.C. 4, Banka in Sessions Trial No. 298 of 2008 and it is indicated that till 23.7.2008 the case was still fixed for hearing on framing of charges. As may appear from the above noted order, while the petitioner was being produced from custody other accused persons were filing petition under Section 317 Cr.P.C. on almost all dates. The array of the accused in the FIR indicates that the father, brother and other family members of the petitioner are the other accused persons. They are not coming together on one date to attend the court, so as to reaching the court to frame charges and in the background the petitioner takes plea of rotting in custody since last three years. Probably the accused persons are not appearing so that the petitioner may - 2 - raise the plea before this court. It is directed that the F.T.C.4, Banka shall not allow any representation petition of any accused on any date on which the accused persons are required to attend the proceedings before him. If need be the bonds shall be cancelled and they could be remanded to custody for expeditious disposal of the case. DKS/ (Dharnidhar Jha, J.)