IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26223 of 2010 FAIYAJ, SON OF JAMHIRUDDIN, RESIDENT OF VILLAGE-RAMPUR, POLICE STATION-GOGRI, DISTRICT-KHAGARIA………………………PETITIONER. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Vivekanand Singh, Advocate. For the State : Mr. Parmanand Prasad, A.P.P. ---------- 3. 7.10.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 325 and 302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that both sides are agnates and there was dispute with regard to a ditch, for which altercation had taken place. It has also been submitted that the case does not come within the ambit of under Section 302 of the Indian Penal Code rather at best the same will come within the ambit of under Section 304 of the Indian Penal Code. It is also contended that there has been delay of seven days in the institution of the First 2 Information Report. However, in view of the fact that there is direct allegation against the petitioner of assaulting the deceased with ‘Khanti’ upon his head and the post-mortem report also shows the head injury upon the deceased, this Court is not inclined to grant bail to the petitioner for the present. As a result, this application is dismissed at this stage. Sanjay-II ( Dr. Ravi Ranjan, J)