IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5206 of 2009 RABINDRA YADAV son of late Sita Ram Yadav, resident of village Thakurai Kararia, P.S.Fulwaria, District Gopalganj … … Petitioner Versus 1. STATE OF BIHAR 2. Rama Shankar Yadav son of late Muneshwar Yadav, resident of village Barhya, P.S. Mirganj, District Gopalganj … Opp. Parties For the petitioner: Shri Shanti Kumar For the State: Shri Dashrath Mehta,APP ----------- 2. 9.2.2009 Heard. The petitioner’s custody and non- commitment of the case are the two grounds for renewing the prayer for bail. Shri Shanti Kumar, learned counsel for the petitioner made serious endeavour for taking me to the merits of the allegation and the facts of the matter but having once considered them in a considerable depth the Court is not inclined to go into those details simply because some more facts may be required to be stated and that may prejudice the mind of the trial Judge. The earlier rejection order, contained in Annexure-2 which was passed in Cr. Misc. No. 23837 of 2008, appears 2 containing sufficient discussions of the facts and circumstances upon which that order was passed. However, this is a matter of concern for this Court that the petitioner being in custody since 29.2.2008 and order of cognizance having been passed by the Chief Judicial Magistrate, Gopalganj, or for that matter, any other Magistrate who could be seized with Fulwaria P.S.Case No.112 of 2007 is not committing the case to the court of Sessions. The Court does not hold the Officer guilty of keeping the proceeding pending, might be there could be some other circumstances also not permitting the Magistrate to pass the committal order and remitting the case record to the court of Sessions. The learned Magistrate could ensure that the commitment is made in the above noted case by March, 2009 by all means so that the Sessions Judge either tries the case himself or makes over the case for trial to any court of competent jurisdiction. The court which could be seized with the file of the case, this Court believes, shall pull all strings attached to its finger so as to 3 expediting the hearing and ensuring disposal as early as possible. The petition is dismissed. Let a copy of this order be communicated separately to the learned Sessions Judge, Gopalganj, so as to bringing the facts to his knowledge. Kanth ( Dharnidhar Jha, J.)