IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33340 of 2011 Ajay Rai @ Moha Rai @ Ajay Kumar @ Rajay Rai Versus The State Of Bihar -------- 04/ 19.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 3.1.2011 in a case registered under section 302/34 of the IPC and 27 of the Arms Act. There is specific allegation against the petitioner that he along with co-accused Ram Prasad Rai dragged out the deceased and after that opened fire and later on, co-accused Ram Prasad Rai also opened fire on the deceased. Learned counsel for the petitioner submits that as per prosecution case itself, fire of the petitioner did not hit the deceased and it was co-accused Ram Prasad Rai who caused fire arm injury to the deceased. In support of his contention, he refers several paras of the case diary as well as content of the post mortem report which has been incorporated at para 54 of the case diary but I am not at all convinced with the submission of learned counsel for the petitioner because, admittedly, petitioner actively participated in the crime of murder. Therefore, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Jandaha P.S. Case no. 2/2011 pending in the court of the Chief Judicial Magistrate, Vaishali at Hajipur stands rejected. It appears that case of the petitioner is still pending in the - 2 - court of the Chief Judicial Magistrate, Vaishali at Hajipur. If that is the position, the Chief Judicial Magistrate, Vaishali at Hajipur shall commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order and after commitment, the trial court shall expedite the trial of the petitioner and conclude the same preferably, within one year from the date of commitment order. shahid (Hemant Kumar Srivastava,J)