IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26005 of 2011 Md. Khalil @ Khalil Mian Versus The State Of Bihar -------- 03/ 05.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 16.12.2009 in a case registered under sections 147, 148, 149, 302, of the IPC and 27 of the Arms Act. Admittedly, alleged occurrence took place in the year 2000 and it is the specific case of the prosecution that the petitioner and one Md Nasir opened fire as a result of which the deceased died while he was being taken to hospital for treatment. The contention of learned counsel for the petitioner is that post mortem report of the deceased does not support the prosecution story because the deceased had sustained only one fire arms injury. Admittedly, petitioner could be remanded in this case in the year 2009 i.e. after nine years of the alleged occurrence but the impugned order of the learned Sessions Judge, Gaya reveals that one co-accused has already been convicted after full-fledged trial. In the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Atri P.S. Case no. 13/2000 pending in the court of the Chief Judicial Magistrate, Gaya stands rejected. - 2 - It appears that case of the petitioner is still pending in the court of the Chief Judicial Magistrate, Gaya. The Chief Judicial Magistrate, Gaya is hereby, directed to take step for commitment of the case of the petitioner to the court of Sessions in accordance with law within one month from the date of receipt of this order and after commitment, the trial court shall expedite the trial of petitioner. shahid (Hemant Kumar Srivastava,J)