IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8641 of 2009 Bambam Yadav, Son of Babulal Yadav, Resident of Village- Mirhatti, P.S.-Sultanganj, Distt.-Bhagalpur. Versus The State of Bihar With Cr.Misc. No.20992 of 2009 Uday Yadav @ Uday Kumar Yadav, Son of Babulal Yadav, Resident of Village-Mirhatti, Police Station-Sultanganj, Distt.-Bhagalpur. Versus The State of Bihar ----------- 04. 05.08.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. Since both the matters arise out of a common F.I.R. they have been heard together. However, it appears both of them are at different stages of trial. Where the merit of the case is concerned since both the petitioners have actively participated in the assault upon the deceased, I am not inclined to grant bail to the petitioners. In the result, the prayer for bail is rejected. In the case of Uday Yadav it appears the matter has not even been committed to the Court of Sessions. - 2 - Under the circumstances, I direct that Chief Judicial Magistrate, Bhagalpur will take immediate steps to commit the case to the Court of Sessions where the trial of co-accused Bambam Yadav is in progress vide Sessions Trial No. 838 of 2008/36 of 2008 so the matter is not delayed and the trial is expedited. In case there is inordinate delay in conclusion of trial for reasons not attributable to the petitioners, the petitioners may renew their prayer for bail before the court below itself. Vikash/- (Anjana Prakash, J.)