IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7583 of 2010 KAILASH MUKHIA & ANR Versus STATE OF BIHAR ----------- 5/ 25.8.2010 Heard learned counsel for the parties. Reports, both of the Trial Judge as also of the District and Sessions Judge which includes a report of C.J.M., Purnea appear at Flags X and Z, in the light of which, it appears that Bhawanipur P.S. Case No. 99 of 2006 is yet to be committed. In fact, the order of cognizance is yet to be passed in that case. As regards S.T. No. 615 of 2007 arising out of Bhawanipur P.S. Case no. 98 of 2006, most of the witnesses have been examined in that case and the trial would be disposed of at any moment of time. As regards the allegation which is attributed to the two petitioners, Kailash Mukhia and Mangan Mukhia, the deceased is said to be assaulted by Kailash Mukhia with lathi and Mangan Mukhia is said to have dealt a blow with the blunt part of Tengari. The Hon’ble Judge, who passed order on 18.9.2007 in Cr. Misc. No. 33770 of 2007, appears recording that petitioner Mangan Mukhia might not have intention to kill as he used the blunt part of tengari. The counter case, i.e., Bhawanipur P.S. Case No. 99 of 2006 also relates to a death on the side of the prosecution. The two versions have, at any rate, to go to the trial court, be it a little later also. The above rule of law and procedure could never be allowed to 2 be compromised and as such, the trial court and also the C.J.M., Purnea have to remind themselves about that position of law. As regards the facts of the case and considering also that the trial may take some more time to conclude finally and further considering that the earlier findings recorded by the learned Judge who passed the order on 18.9.2007 in Cr. Misc. No. 33770 of 2007, I direct release of the two petitioners Kailash Mukhia and Mangan Mukhia on bail on furnishing bail bond of Rs.10000/(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge FTC - VI, Purnea in S.T. No. 615 of 2007 arising out of Bhawanipur P.S. Case no. 98 of 2006. Anil/ ( Dharnidhar Jha, J.)