IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28340 OF 2008 NAGENDRA SAH, SON OF RANJIT SAH, RESIDENT OF VILLAGE BAIJALPUR KESHO, POLICE STATION SONPUR, DISTRICT SARAN ………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SATYA NARAYAN SHARMA 3. SHEO KUMAR SHARMA 4. PREM KUMAR 2 TO 4 ARE SON OF JAYDYAL SHARMA 5. PARWATI DEVI, WIFE OF SATYA NARAYAN SHARMA 2 TO 5 ARE RESIDENT OF VILLAGE BAIJALPUR KESHO (NAYA TOLA) POLICE STATION SONPUR, DISTRICT SARAN ………………………………………………………………………..OPPOSITE PARTIES ************ 2 20/06/2011 Heard Counsel for the petitioner and the Opposite Parties. The petitioner is aggrieved by the order dated 30.04.2008 by which the Sessions Judge, Saran has refused to transfer the Trial No. 304 of 2008 arising out of Sonpur Police Station Case No. 261 of 1994 pending before the Judicial Magistrate, Saran and Sessions Trail No. 289 of 1998 arising out of Sonpur Police Station Case No. 269 of 1994, which are counter to each other. The ground for refusal is that the Court has said that it could only be done by the High Court and by no other Court in pursuance of an order of this Court reported in 2008 (1) PLJR 273. Since, it is accepted that both the cases arise out of the same occurrence which is said to have been 2 taken place on 11.10.1994 in which the petitioner and the informant are both facing trial, it would be appropriate that the matter should be heard side by side by the superior Court, which is the Court of the Additional Sessions Judge, Fast Track Court No. 1, Saran. This application is allowed to the extent indicated above. Let a copy of this order be communicated to the Sessions Judge, Saran for appropriate action through fax at the cost of the petitioner if deposited within a week. Anand ( Sheema Ali Khan, J.)