IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32535 of 2009 KAILA SINGH @ SARDAR @ RAJESH SINGH Versus STATE OF BIHAR ----------- 2 20.11.2009 Heard. The prayer for bail is dismissed. However, it is noted for the guidance of the learned Trial Judge that a case has to be tried under its own facts and witnesses who are not cited in the chargesheet may not be required to be examined by the Court in that particular case. May be that there are two versions for the same incident of the murder or any other offence and two cases had accordingly been instituted which might be put to trial before two different Judges but in that situation what has to be done is that the cases be brought before one Judge and the Judge should examine the witnesses of each of the cases so as to conclude the trial of the two cases almost simultaneously. It is made very clear that the judgments in both the cases have to be delivered on the same day by the same Court and not by two different Courts. I direct the Sessions Judge, Begusarai to ensure that Sessions Trial No. 122 of 2008 and 341 of 2005 are transferred to one Court so that the above direction of this Court which is the mode prescribed by the Supreme Court is complied with. It is expected that the learned Judge who receives both the cases in his file shall expedite hearing of the cases and deliver the judgment on one day after completing the hearing in both the cases separately. It is further noted for the benefit of the learned Trial Judge that while appreciating evidence in one case, he has not to look to the evidence recorded in the other case, he has to confine himself to the evidence recorded in a particular case. Spd/- (Dharnidhar Jha, J.)