IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42700 of 2010 BINAY SAH SON OF YOGENDRA SAH, RESIDENT OF VILLAGE-SIMRI, POLICE STATION-SIMRI, DISTRICT-DARBHANGA. Versus THE STATE OF BIAR ----------- 2. 21.01.2011 Heard Sri H.P. Singh, learned counsel for the petitioner, Sri Ram Hirday Prasad, learned counsel for the informant and Sri Mani Madhukar, learned Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Simri P.S. Case No. 53 of 2010 for the offence under Sections 302 and other allied sections of the Indian Penal Code, has prayed for bail. Accusation against the petitioner as per First Information Report, is that he gave dagger blow on the person of the son of the informant his daughter-in-law as well as grand daughter. In the said occurrence daughter-in-law of the informant died. Learned counsel for the petitioner submits that only on trivial matter dispute arose and in the occurrence both side had received injury. Learned counsel has further been submitted that statement of injured Gopi Yadav recorded under Section 164 of Cr.P.C. does not corroborate the allegation of the informant. Learned counsel appearing on behalf of the informant has opposed the prayer of bail. It was submitted that this petitioner is also facing trial in connection with Simri P.S. Case No. 53 of 2010 in which the informant side had received injury. It was submitted that there is specific allegation against the petitioner and he is main accused in the case. Learned Additional Public Prosecutor had also opposed the prayer for bail 2 Keeping in view the fact that the petitioner was main assailant, I am not inclined to extend the privilege of bail. Accordingly the prayer for bail stands rejected. Amit ( Rakesh Kumar, J.)