IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44461 of 2008 SUBHASH MAHTO @ SUBASH MAHTO, son of Late Deo Sharan Singh, Resident of Dumri, P.S. Bihta, District Patna… Petitioner Versus STATE OF BIHAR ….. Opposite party ----------- 02/ 27.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in an accused in a case under Section 307 and other allied Sections of the Indian Penal Code and Section 3(x)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, but after the death of grandfather of the informant, Chaitu Manjhi, even Section 302 of the Indian Penal Code was added just after five days of the occurrence. It is submitted on behalf of the petitioner that petitioner and others named in the First Information Report are alleged to have assaulted the deceased with lathi, who was an old man and as the death has taken place after five days, petitioner should be admitted to the privilege of bail at this stage itself when he is in jail custody since 8.5.2008. I am unable to accept the submission, as petitioner and others named in the First Information Report have wielded lathi causing injury resulting into death, may be after five days. In the circumstances, at this stage, I am not inclined to admit the petitioner to the privilege of bail. This application is, accordingly, rejected. He is, however, at liberty to renew his - 2 - prayer for bail after any of the FIR named accused with similar allegation is admitted to the privilege of bail or petitioner completes one year in jail custody as under trial prisoner. Arjun/ (V.N. Sinha, J.)