IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31348 of 2011 1. Binod Rai, S/O-Late Lalit Rai 2. Shyam Krishna Rai, S/O-Late Indradeo Rai Versus The State Of Bihar ---------------------------------- 04 07.12.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are named in the first information report with allegation that they along with other co-accused committed the murder of father of the informant. Learned counsel appearing for the petitioners based his argument on the statements of witnesses recorded at Para-121 & 128 of the case diary and submitted that it is specific case of the prosecution that deceased and the informant got down from the boat and after that the alleged occurrence took place but the witnesses, whose statements have been recorded at Para-121 & 128 of the case diary, have specifically stated that on the alleged date of occurrence only deceased had got down from the boat. So, the very presence of the informant is doubtful. It is further contended by him that the reason of false implication of the petitioners is previous enmity as the father of petitioner no. 2 had been killed by the deceased along with the informant and others for which a case was instituted and in the aforesaid case, deceased as well as the informant were convicted and in the aforesaid case, petitioner no. 1 had deposed against the deceased and informant. 2 Learned counsel for the informant opposed the prayer submitting that not only informant but four other eye-witnesses have also supported the prosecution story and altogether seven injuries including firearm injury have been found on the person of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioners on bail, at least, at this stage. Accordingly, their prayer for bail in connection with Doriganj P.S. Case No. 48 of 2002 pending in the court of Chief Judicial Magistrate, Saran, Chapra is, hereby, rejected. It appears from perusal of prayer portion of this petition that the case of petitioners is still pending in the court of Chief Judicial Magistrate, Saran at Chapra In the aforesaid circumstance, learned Chief Judicial Magistrate, Saran at Chapra is directed to commit the case of petitioners to the court of Sessions in accordance with law and after that the trial of the petitioners should be concluded as early as possible. SHAHZAD ( Hemant Kumar Srivastava, J.)