IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27273 of 2008 KAILASH MUKHIA & ANR Versus THE STATE OF BIHAR ----------- 03/ 25.08.2008 Heard. An attempt was made through this renewal application to explain the facts as also the injuries in the light of the counter version, in which also there is a death as it could be a case of free fight. It is very difficult at such a preliminary stage of hearing petition for bail to give any finding by any court unless the evidence is recorded and the circumstances of the cases are considered by the trial Judge. Prayer in the present petition could be disposed of merely considering the allegations appearing individually against an accused in tandem with the medical report and to some extent considering the defence, but not altogether rejecting the prosecution version considering the defence. As facts stand presently there does not appear much scope for this court to reconsider its earlier order vide Annexure -1. However, if both the cases i.e. Bhawanipur P.S. Cases No. 98 of 2006 and 99 of 2006 have been committed to the Court of Sessions then the cases must be placed - 2 - before one Judge for trial and the trial Judge should ensure recording of evidence simultaneously in both the cases, so as to delivering the judgment on one date after conclusion of the trial as per his convenience but with expedition and quite some sensitivity. The petition is dismissed with the above directions. DKS/ (Dharnidhar Jha, J)