IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32052 of 2008 PARMESHWAR YADAV Versus THE STATE OF BIHAR ----------- 3. 06.01.2009 Heard Sri Prakash Mahto, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. It appears that for a land dispute there was the occurrence. Besides, there was some other innocuous incident also. As regards the present petitioner Parmeshwar Yadav, he is alleged to have given a blow with spade on the head of the deceased. The consistency in support is further strengthen by the opinion of the doctor that there was an incised wound of 1 ½“ x ½“ x bone deep on the occipital region of the deceased and that blow was the cause of death. The contention is that single blow may not be bringing the act within the defined offence punishable under Section 302 of the IPC. Regard being had to the facts of the case and the fact that the petitioner is the assailant of the deceased, I am not inclined to direct the release of the petitioner. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)