IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34307 of 2011 Sarju Gope Versus The State Of Bihar -------- 03/ 14.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Although petitioner is in jail custody since 17.7.2010 but he has been shown as assailant in the first information report. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected by this court vide order dated 28.2.2011 passed in Cr. Misc. no. 3261/2011 but this court was pleased to note down that the deceased did not sustain any fire arms injury on his chest whereas as per prosecution case, the firing of the petitioner hit on the chest of the deceased. Lower court has reported that case of the petitioner is still pending for commitment. Taking into account the above stated facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Malsalami P.S. Case no. 80/2010 pending in the court of the Addl. Chief Judicial Magistrate, Patnacity is, hereby, rejected. However, the Addl. Chief Judicial Magistrate, Patnacity is, hereby, directed to commit the case of the petitioner to the court of Sessions in accordance with law without any further delay and - 2 - after commitment, the trial court shall take all possible steps to expedite the trial of petitioner. shahid (Hemant Kumar Srivastava,J)