IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26299 of 2009 BISHNU DEO SINGH Versus STATE OF BIHAR ----------- 3. 25.11.2009 I have heard Sri Kamal Nayan Chaubey, learned senior counsel for the petitioner, Sri D.Mehta, learned counsel for the State and Sri R.K.Shukla, learned counsel for the Informant. For the incident which occurred on 17.1.2008, either in the manner as alleged by the informant or in the manner as alleged by the side of the petitioner, resulted into four different reports regarding their present status The four cases which arose out of the incident in question, have been registered at Sasaram(M)P.S.Case No.118 of 2008, Sasaram(M)P.S.Case No.29 of 2008, Sasaram(M)P.S.Case No.30 of 2008 and Sasaram(M)P.S.Case No.31 of 2008. The report submitted by Additional Sessions Judge 6th, Rohtas at Sasaram indicates that out of the four cases, Sasaram(M)P.S.Case No.29 of 2008 has been committed to the court of Sessions and, accordingly, Sessions Trial No.387 of 2008 has been registered in which the petitioner seeks bail. The other three cases are at the stage of - 2 - commitment. I direct the Sessions Judge, Rohtas at Sasaram to ensure by properly impressing upon the C.J.M., Rohtas at Sasaram or any other Magistrate or Magistrates before whom the remaining three cases could be pending for committal proceeding, that it must be committed at any rate and by the end of December, 2009 whereafter the four cases have to be listed before 6th Additional Sessions Judge, Rohtas at Sasaram for trial in the light of the prevailing legal position that the trial of cases arising out of single incident or connected transaction be taken up simultaneously by a single Judge, who should record the evidence in all trials side by side so as to concluding the trial simultaneously by delivering judgements in all cases on one date. So far as the prayer for bail of the present petitioner is concerned, I have indicated in my earlier order dated 24.11.2008 passed in Cr.Misc.Petition No.27263 of 2008(Annexure-1) that the petitioner appears to be the assailant of the deceased. Besides, the learned trial Judge has reported that he would be disposing of the trial in 18 more months. Because, I have myself - 3 - added up to the list, three more cases which the court expects to be received by him some times in January,2010, it may be unreasonable to direct the learned trial Judge to wind up the trial of the present case or the other three cases within the period of 18 months as indicated by him. However, in my considered view, the trial may be concluded in a period of 24 months from the date the court below receives the copy of the present order either on account of being produced or being transmitted to it. The court is further directed to give top priority to the four cases and record evidence of all the witnesses so that the time frame fixed by the court, is achieved. Regard being had to the nature of the allegation and earlier findings recorded by me and also keeping in view of the above direction on trial by me, I dismiss the prayer for bail. Let a copy of this order be transmitted to the District & Sessions Judge, Rohtas at Sasaram for information and compliance. Besides the court below shall be transmitting the copy of the present order with a list of witnesses cited in the chargesheets of all the cases as soon as he frames charges against the accused persons in - 4 - the remaining three cases, to the Superintendent of Police, Rohtas at Dehri-on-Sone who shall ensure that the witnesses are produced on a day- to-day basis so that the learned trial Judge succeeds in winding up the hearing. Sri R.K.Shukla appearing for the informant also promises to the court that his clients shall produce all the witnesses as soon as the court desires them to be produced before it. If the accused persons of any of the cases adopt dilatory tactics then that period shall be added up in the period fixed for disposal of the cases. In case any accused absents and he subsequently surrenders or is produced before the court, the court below shall not be granting bail to him. B.Kr. ( Dharnidhar Jha, J. )