IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44255 of 2008 SUBODH PASWAN, son of Ram Pravesh Paswan, resident of village – Bahiro, P.S. Ara Nawada, District - Bhojpur Versus STATE OF BIHAR ----------- 3/ 16.02.2009 Heard. The dispute appears arising out for the solicited exchange of recorded cassette of some music. On refusal, the petitioner is said to be requested for returning back the old cassette which the informant has probably given in exchange for the new. It is alleged that the petitioner became furious on demand and the companion of the informant named Jagdish Oraon was assaulted so much so to killing him. The informant stated that he rushed to brick kiln owner and his Munshi and stated the facts to them who came and found that the man was lying injured and asking for water. Subsequently, he died. Contention is that there is no support from any one who could be present on or around the place of occurrence. Further contention is that whoever has come to give his statement in the case diary, has given a hear say account. Hear say evidence and its value may be judged by the trial court on the parameters of section 60 of the Evidence Act. That could be the duty of the trial judge. As regards allegation, the petitioner appears to have assaulted the deceased and considering that, I am not inclined to grant bail to him. Petition is dismissed. Anil/ (Dharnidhar Jha, J.)