IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38023 of 2011 Manoj Singh, S/O-Rajdew Singh Versus The State Of Bihar ---------------------------------- 03 21.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is named in the first information report with specific allegation that he lobbed bomb as a result of which informant’s husband died in course of his treatment. Learned counsel for the petitioner submits that the alleged occurrence took place on 04.12.2008 and the Ferdbeyan of the informant was recorded on 08.12.2008 and no explanation of the aforesaid delay has been given. It is further submitted by him that, as a matter of fact, informant had illicit relationship with one Dharmendra and in connivance with the aforesaid Dharmendra got eliminated her husband and thereafter, implicated the petitioner and her own father-in-law in the present case on account of land dispute. It is further submitted by him that the aforesaid fact has come in course of investigation not only in the statements of witnesses but also in the supervision note of higher police officials. On the other hand, learned counsel appearing on behalf of the informant opposed the prayer pointing out that informant as well as her daughters, who are eye-witnesses of the alleged occurrence, have supported the prosecution story. Considering the aforesaid facts and circumstances as 2 well as submissions of the parties, particularly, keeping in mind the nature of allegation levelled against the petitioner, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail in connection with Daraunda P.S. Case No. 07 of 2009 pending in the court of Chief Judicial Magistrate, Siwan is, hereby, rejected. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of Chief Judicial Magistrate, Siwan whereas petitioner is in jail custody since 21.09.2011 In the aforesaid circumstance, learned Chief Judicial Magistrate, Siwan is directed to commit the case of the petitioner to the court of Sessions in accordance with law within a month from the date of receipt of this order, if the same has not been committed as yet and after commitment, the learned trial court shall expedite the trial of the petitioner. SHAHZAD ( Hemant Kumar Srivastava, J.)