IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35097 of 2011 Tarkeshwar Rai, S/O-Babulal Rai Versus The State Of Bihar ---------------------------------- For the Petitioner :- Yognedra Pd. Sinha For the State :- Shyam Kr. Singh (A.P.P.) 03 09.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under Sections 302, 307, 120 B/34 of the Indian Penal Code and ¾ of Explosive Substance Act. There is specific allegation against the petitioner and one co-accused, namely, Arun Rai that they hurled bombs on the informant as well as her daughter while they were sleeping in their house. Admittedly, the informant’s daughter died in course of her treatment. Learned counsel for the petitioner submits that except the informant as well as her daughter not a single independent witness has stated about the involvement of the petitioner in the alleged crime and, as a matter of fact, there was land dispute between petitioner and informant and that is why informant has lodged this case against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Basantpur P.S. Case No. 67 of 2011 pending in the court of Chief Judicial Magistrate, Siwan is, hereby, rejected. 2 However, learned Chief Judicial Magistrate, Siwan is directed to commit the case of the petitioner to the court of Sessions in accordance with law as early as possible preferably within one month from the date of receipt of this order, and after commitment, the learned trial court shall expedite the trial of the petitioner. SHAHZAD ( Hemant Kumar Srivastava, J.)