IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22224 of 2008 ARVIND MOCHI, Son of Chandeep Mochi, Resident of Radil, Police Station- Telhara, District- Nalanda :---- Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- For the Petitioner : Anil Kumar Singh, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 7. 11.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302/34 of the Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with Surendra Paswan and seven others. It is submitted on his behalf that it was Surendra Paswan who along with others named in the First Information Report including the petitioner had called the deceased and took him towards the pond, whereafter gun shot was heard by the informant and when she reached near the pond she found her husband dead. The other co-accused namely, Kamlesh Paswan, Sadhu Paswan and Dharmendra Paswan, named in the First Information Report as associate of Surendra Paswan who took the deceased along with them towards the pond have been admitted to the privilege of bail under orders dated 19.06.2006 and 25.08.2006 passed by another Bench of this Court in Cr. Misc. Nos. 22697 of 2006 and 27205 of 2006 on the ground that Surendra Paswan had called the deceased and there was no direct allegation against others that they shot at the deceased. I regret my inability to agree with the aforesaid submission and consideration as neither Surendra Paswan nor Kamlesh Paswan nor any other person named in the First Information Report has been - 2 - seen to have shot at the deceased, as such, it cannot be said that it is only Surendra Paswan who is responsible for the killing. The deceased was carried towards the pond by Surendra Paswan and all the others named in the First Information Report, as such, according to me, everyone named in the First Information Report is liable for his killing. This application is, accordingly, rejected. Petitioner has remained in jail custody for about one year but till date even commitment has not been made. As such, court below (Additional Chief Judicial Magistrate, Hilsa, Nalanda) is directed to commit the case (Ekangar Sarai(Telhara) P.S.Case No. 213 of 2004) to the court of Sessions forthwith, if not already committed and thereafter the trial court should proceed with the trial and conclude the same as early as possible, in any case within one year from the date of commitment. While committing this case reference of this order be made in the commitment order so that trial court concludes the trial within the time indicated in this order. P.K.P. (V.N.Sinha,J.)