IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25579 of 2011 Ram Kumar Choudhary Versus The State Of Bihar ---------------------------------- 6 08-12-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Admittedly, the alleged occurrence took place in the year, 2004 and the petitioner was named by the informant but the petitioner could be remanded in this case in the year, 2010. Learned counsel for the petitioner submits that though the petitioner is named in the first information report but in course of investigation, not a single prosecution witness has supported about the involvement of the petitioner in the present crime and it is further contended by him that so far as criminal antecedent of the petitioner is concerned, the I.O. has wrongly mentioned that the petitioner carries criminal antecedent and as a matter of fact, the petitioner does not have any case in his credit except the present one. On the otherhand, learned counsel appearing for the informant as well as learned Addl. Public Prosecutor opposed the prayer pointing out that the petitioner could be remanded in this case after six 2 years of the alleged occurrence and furthermore, having similar allegation, co-accused, namely, Raj Kishore Choudhary @ Munna Choudhary has already been convicted by the trial court. Considering the aforesaid facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Bhagwanpur (Tiyay, O.P.) P.S. Case No. 102 of 2004 corresponding to G.R. No. 2033 of 2004 pending in the court of Sri A. Kunal, Judicial Magistrate-Ist Class, Begusarai is, hereby, rejected. It appears that case of the petitioner is still pending in the court of Judicial Magistrate and, therefore, the concerned Judicial Magistrate is, hereby, directed to commit the case of the petitioner to the court of Sessions within a month from the date of receipt of the order in accordance with law and after commitment, the learned trial court shall conclude the trial of the petitioner as early as possible. AKVishwakarma ( Hemant Kumar Srivastava, J.)