IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2265 of 2011 NESHLATE @ NASHLATE @ UPENDRA RAI Versus THE STATE OF BIHAR --------- 03/ 21.04.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner is named in the first information report with allegation that he along with other accused mercilessly assaulted the deceased with bricks and stones as a result of which deceased died while he was being taken to hospital. The contention of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case because the father of the petitioner was killed by the deceased for which a police case was registered and subsequently, when the deceased came out from jail, he was killed by some other persons and taking the advantage of above stated enmity, family members of the deceased lodged the present case against the petitioner and others. It is also contended by him that in course of investigation, one Tetri Devi, who appears to be eye-witness of the alleged occurrence, has stated that a scuffle took place between the deceased and the petitioner and in the aforesaid scuffle, deceased sustained injuries and died while he was being taken to hospital. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, this aspect of the matter that even if the statement of aforesaid Tetri Devi assumed to be true, then also, there is specific allegation against the petitioner that he assaulted - 2 - the deceased with bricks and stones, I do not think it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Khushrupur P.S. Case no. 70/2010 stand rejected. The petitioner is languishing in jail custody since 6.5.2010 and up till now the case of the petitioner has not been committed to the court of Sessions and the case of the petitioner is still pending in the court of Sri A.P. Upadhaya, Judicial Magistrate, Patnacity. The above stated court is directed to commit the case of the petitioner in accordance with law within 15 days from the date of receipt of this order and the Sessions court shall conclude the trial of the petitioner within nine months from the date of the receipt of the record and if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail. shahid (Hemant Kumar Srivastava,J)