IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15572 of 2009 MD.SAMBIL @ MD.SANBIL Versus STATE OF BIHAR ----------- 3. 14.10.2009 Heard. The Officer who was posted as 5th Additional Sessions Judge, Motihari, and who was seized with the trial of Sessions Trial No. 801 of 2008 has made a report about conclusion of the trial in three months’ time. The copy of the order passed in the above noted case of the learned trial Judge has been produced before me and the order dated 18.9.2009 indicates that the case was pending before a vacant court as the Presiding Officer had been transferred. I could not appreciate the manner in which the report was submitted by the Officer probably to trick this Court away to a belief on the period of disposal of the case. He was making intentionally a misleading report because he was either under the orders of his transfer or was expecting it very soon. The conduct is reprehensive. Coming to the merit of the prayer, the petitioner has been held by me in my earlier rejection order as the assailant of the deceased on the face of the allegation as 2 brought in the F.I.R. It is true that there is a defence version also and the contention is also that it might be a case of free fight but those matters are to be gone into at the full-dressed trial. I dismiss the prayer for bail. However, I may direct the learned Sessions Judge, Motihari, to look into the pendency of the case and if it is still before a vacant court then immediately withdraw it and transfer it to a court which has a Judge who has longer tenure of posting at Motihari. The Sessions Judge shall also make an enquiry from the S.D.J.M., Sikrahana about the pendency of Dhaka P.S.Case No.124 of 2006 and ensure in case of submission of chargesheet that the said case is committed to the court of Sessions and both the cases are tried together by the same Judge. The case, in any even, must be disposed of by it within a period of one and half years from the date of receipt of a copy of the present order. Kanth ( Dharnidhar Jha, J.)