IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33389 of 2008 PANKAJ KUMAR SINGH …. PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY For the petitioner : - Sri Partha Sarthy, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 3. 24.10.2008 Heard Sri Partha Sarthy, Advocate for the petitioner and Sri D. Mehta, Additional Public Prosecutor for the State. The case is under Section 302 of the IPC and the story is that the petitioner and another took away the deceased to a particular village for witnessing drama show. There appears some motive to the accused persons, who allegedly threatened the deceased to shut down his Coching centre, which was not done and it is indicated by a huge number of paragraphs that the deceased, in the fateful night, was seen in company of the petitioner and another accused at the place, i.e., village Samyagarh, where the drama show was going on. Some witnesses, who could have nothing to do with any of the sides as pointed out in the rejection order, also supported the fact that the deceased was found in company of the petitioner. The clinching factor is that the deceased appears made unconscious by administering any chemical and then put in water, so as to die. This is the finding of the doctor holding post-mortem - 2 - examination. Considering the totality of the circumstances, it appears to me a case, in which the petitioner is not entitled to be released on bail. His prayer for bail is dismissed. It was contended by Sri Partha Sarthy, the learned counsel appearing for the petitioner that the case, in spite of charge sheet being submitted, has not been committed to the Court of Sessions and that the petitioner is lying in custody without any trial. I direct A.C.J.M., Barh to ensure that the case is committed without further loss of time and as soon as the same is received in the office of the learned Sessions Judge, Patna , that should be made over to the Additional Sessions Judge, Barh, who shall take up the hearing of the case on priority, on day today basis, by issuing notice to the Officer-in-Charge of Ghoshwari police station appending thereto the list of the witnesses cited in the charge sheet for producing them before him for their evidence. The Officer-in-charge shall remain present in court on all dates of hearing with the witnesses. This order has to be complied with by S.P. (Rural) Patna and accordingly, a copy of this order shall be transmitted to the S.P. (Rural) Patna. DKS/ (Dharnidhar Jha, J)