IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34396 of 2009 LACHHU PASWAN Versus THE STATE OF BIHAR ----------- 4. 23.12.2009 Heard. Regard being had to the fact that the petitioner is the assailant of the deceased, the Court does not see any reason to review its earlier order dated 30th of July, 2007. However, it may not be out of context to point out that there is a counter case to the present case, i.e., Sessions Trial No. 447 of 2009 arising out of Jamhore P.S.Case No.74 of 2006 which is pending before Additional Sessions Judge III, Aurangabad whereas the present case i.e. Sessions Trial No. 349 of 2007/383 of 2007 arising out of Jamhore P.S.Case No.73 of 2006 is pending in the court of Fast Track Court No.IV, Aurangabad. Under the fitness of things, if there are two versions of the same offence which are generally called case and counter case to each other the two cases must be 2 tried by one court so as to recording the evidence in both the trials simultaneously and side by side for delivering the judgment on one date. I, as such, could direct the District and Sessions Judge, Aurangabad to peruse the records of two cases, i.e., Sessions Trial No. 447 of 2009 and Sessions Trial No. 349 of 2007/383 of 2007 and to place the two trials before one court so that the trial of the cases could be concluded as per the direction contained herein. The trial court must appreciate that the petitioner Lachhu Paswan is in custody since three years and his worry of being incarcerated without trial may not be meaningless. The petition is dismissed with the above direction/observation. Kanth ( Dharnidhar Jha, J.)