IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45391 of 2009 JAG NARAYAN YADAV @ JAI NARAYAN YADAV Versus STATE OF BIHAR 4 17.3.2010 Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner, Mr. Jitendra Kumar Singh, learned Additional Public Prosecutor for the State and Mr.Sanjay Kumar Sharma, learned counsel for the informant. It is an unfortunate case in which the uncle of the petitioner has been killed and the petitioner as also his father have been made accused in the present case. Learned counsel for the petitioner submits that, as a matter of fact, the informant is not an eye witness and this petitioner as also his father have been arrayed in the category of accused only with a view to grab the land. It has been submitted that in course of investigation prosecution has not supported the allegation against the petitioner. Learned counsel for the informant has opposed the prayer for bail tooth and nail, as there is allegation of firing against the petitioner resulting into death of the deceased. Be that as it may, in the facts and circumstances of the case, this Court is not persuaded to accede to the prayer made on behalf of the petitioner for grant of bail at this stage. His prayer for bail is rejected. Petitioner is in judicial custody since 8.8.2009. In that view of the matter learned Chief Judicial 2 Magistrate, Gaya, is directed to commit the case to the court of Session as early as possible and on such commitment learned Sessions Judge, Gaya, will see that the trial of the petitioner is taken up and concluded at an early date. If the trial of the petitioner is not concluded within a period of one year from the date of receipt/production of a copy of this order without there being any fault on the petitioner he shall be at liberty to renew his prayer for bail before this Court. Let this order be faxed at the cost of the petitioner. AnilKr.Sinha (Birendra Prasad Verma,J.)