IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26183 of 2009 AKHILESH YADAV, son of late Jagdeo Yadav, resident of village Gyanbigha, P.S. Neema Chak Bathani, District Gaya Versus STATE OF BIHAR ----------- 2. 2.9.2009 Heard counsel for the petitioner and the counsel for the State. A direct allegation of assault against the petitioner on the person of the deceased resulting into her instant death on the spot fully corroborated from the postmortem report would leave nothing for speculation that the case was filed with due care as with regard to individual allegation, inasmuch as the deceased lady Mukhiya is said to have been done to death out of animosity arising out of previous litigation with Ex-Mukhiya Anil Yadav. The earlier involvement of the petitioner is also suggested in the F.I.R. itself and therefore, the materials on record in the F.I.R. read with the postmortem report are by themselves sufficient to hold that the present case came to be filed by the informant, accompanying lady Mukhiya, only after he had mustered courage to act against these mighty people. Therefore, delay of one 2 Surendra/ day as seriously contended by the counsel for the petitioner in the given facts will make little difference at least to the allegation alleged in the F.I.R. The petitioner is in custody since 17.9.2008 and therefore, the court below is directed to ensure that the case is committed to the court of sessions expeditiously within a period of three months if not already committed. The concerned trial court thereafter must ensure that the trial against the petitioner and other co-accused is taken up out of turn basis and is also concluded within a period of two years from the date of receipt/ production of a copy of this order. In the event the trial is not concluded within the aforementioned period of two years, the petitioner shall have the liberty initially to move the trial court and the trial court will record reasons for not concluding the trial and only thereafter the petitioner may move this Court. With the aforementioned observations, this application is dismissed. (Mihir Kumar Jha,J.) 3