IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29715 of 2009 BALRAM PODDAR, Late Karu Poddar, resident of Akbar Nagar, P.S. Akbar Nagar, District Bhagalpur Versus STATE OF BIHAR ----------- 2. 4.9.2009 Heard counsel for the petitioner and the counsel for the State. The deceased died of head injury. It is said that such head injury is attributable to the petitioner as per the allegation in the F.I.R. Now two explanations are being offered by the petitioner, namely, that the prosecution case herein is a counter blast version of an earlier incident in which the petitioner and his son had sustained injury in the hands of the prosecution party including the deceased himself. There is, however, nothing to show at least from the records of this case that any such grievous injury on the person of the petitioner or his son was caused so as to give a right of such defence to the petitioner. Merely because the case number of the petitioner is earlier and the prosecution case against him has been registered belatedly on account of deceased being in an injured estate in the 2 hospital will not make the prosecution case as a counter blast version of the present case. As with regard to nature of injury found on the head of the deceased the explanation that since in the F.I.R. it was alleged that the petitioner had caused by sharp portion of the spade and the doctor had found hard blunt injury, this Court can only say that it would be a lame excuse for the present because the injury on the head is only attributable to the petitioner and a portion of spade which has been used in the offence can also cause hard blunt injury. That being so, this Court would find the petitioner to be the main assailant and as such, he is not entitled for grant of bail. His prayer for bail, therefore, is rejected. (Mihir Kumar Jha,J.) Surendra/