Patna High Court Cr.Misc. No.12033 of 2011 (5) dt.26-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12033 of 2011 ====================================================== Ashutosh Kumar @ Guddu .... .... Petitioner/ Versus The State Of Bihar .... .... Opposite Party ====================================================== 5 26-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 01.10.2010 in a case registered under Sections 302/120(B) of the Indian Penal Code and 27 of the Arms Act. There is specific allegation against the petitioner that he made indiscriminating firing, committing the murder of informant’s father. The contention of the learned counsel for the petitioner is that except informant, there is no eye witness of the alleged occurrence and furthermore, there was some land dispute between the parties and Title Suit No. 197 of 2001 has been decided in favour of the petitioner and therefore, there was no occasion for petitioner to commit the murder of the deceased. It is also contended that the some part of story of the prosecution case has been found incorrect and the post-mortem report also does not support the allegation, but I am not, at all, convinced with the submissions of learned counsel for the Patna High Court Cr.Misc. No.12033 of 2011 (5) dt.26-08-2011 petitioner. Accordingly, the prayer for bail of the petitioner in connection with Chhatauni P.S. Case No. 92 of 2010 pending in the court of learned Chief Judicial Magistrate, East Champaran at Motihari is, hereby, rejected. However, the learned Chief Judicial Magistrate, East Champaran at Motihari should commit the case of the petitioner, if it has not been committed as yet. In course of hearing it is informed on behalf of the parties that the case of the petitioner has already been committed to the Court of Session. In view of the aforesaid submission, learned trial court is, hereby, directed to expedite the trial of the petitioner and try to dispose of the same as early as possible. Bhardwaj/- (Hemant Kumar Srivastava, J)