IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36962 of 2009 VIDYA NAND RAI @ VIDYA NAND RAI Versus STATE OF BIHAR ----------- 2/ 02.12.2009 Heard Sri Ashish Giri, learned counsel for the petitioner who has valiantly argued that the petitioner might have dealt a blow from the back side of the deceased which could have resulted in so serious the injuries as this court has mentioned in the earlier order but the fact remains that the injury on the head of the deceased was not less serious and the petitioner was not the author of that only. Contention is that in spite of remaining in custody since 6.11.2007 the plight of the petitioner remains as an under trial prisoner because the case has not yet been committed to the court of Sessions. The contention further is that one could not really estimate the period by which the petitioner could be getting justice from the trial court. I have discussed the injuries in my earlier order as contained in Annexure 1 and the total effect of those injuries in hastening the death of the deceased. Injury to the extent of being as big as 10” x 2” x muscular deep could be no less serious than the one measuring 7” x 1 ½” x ½” which was found on the middle of the back of the deceased. The case is under section 302 of the IPC and the petitioner also appears to be one of the assailants of the deceased. Prayer of the petitioner for bail is dismissed. However, it remains a matter for enquiry to be carried out by the learned Sessions Judge, East Champaran as to for what reasons Mehshi P.S. Case no. 94 of 2007 still awaits its commitment to the - 2 - court of Sessions. It is often quoted that the degree of civility in society is measured by the treatment it meets out to its prisoners. If this is how we treat our prisoners on a constitutionally recognized right to him, then we could better make a deeper introspection of ourselves. It was informed that all accused persons are in appearance in the court below. I direct the learned Sessions Judge, Motihari to ensure that the aforementioned case is committed within a month of the receipt of the present order and it is made over to a court of longer tenure at Motihari who could be trying it expeditiously. Anil/ (Dharnidhar Jha, J.)