IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20430 of 2010 MADAN PRASAD SINGH @ MADAN SINGH, S/o Devi Prasad Singh, R/o Village- Dayali Bigha, P.S.-Hisua in the district of Nawada. Versus 1. THE STATE OF BIHAR. 2. Baleshwar Singh, S/o Late Hari Singh, R/o Village-Dayali Bigha, P.S.- Hisua, District-Nawada. ----------- 02. 03.03.2011 The petitioner has sought quashing of the order dated 05.05.2010 passed by the Judicial Magistrate, 1st Class, Nawada by which he has committed Hisua P.S. Case No. 67 of 2003 (S.Tr. No. 48 of 2006) is pending. It has been submitted that for the same case two cases were filed i.e. Hisua P.S. Case No. 67 of 2003 and Hisua P.S. Case No. 68 of 2003. While Hisua P.S. Case No. 67 of 2003 was filed on behalf of the petitioner was committed and sessions trial proceeded and now the prosecution evidence has been closed and it is pending defence evidence whereas in Hisua P.S. Case No. 68 of 2003 in which the petitioner and others are accused has been instituted for bailable offences and is still pending for trial. The grievance of the petitioner is that sessions trial of Hisua P.S. Case No. 67 of 2003 will be unnecessarily delayed on account of such commitment. In view of the clear mandate that cases arising out of the same occurrence should be tried in the same Court, I am not inclined to interfere in the matter. However, the Court now in seisin of Hisua P.S. 2 Case No. 68 of 2003 shall ensure that the trial is concluded within a reasonable period so that S.Tr. No. 48 of 2006 is not held up. With these observations, the application is disposed off. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)