IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25179 of 2010 DHARMENDRA KUMAR SINGH @ DHARMENDRA KUMAR YADAV, Son of Rajeshwar Yadav, Resident of Village Mahabirganj Tola Ekauna, P.S. Udwantnagar, District Bhojpur ……..Petitioner Versus THE STATE OF BIHAR ……Opposite Party 02. 18.08.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. In this seven years old case petitioner is named accused carries specific allegation of giving farsa blow to brother of the informant which proved fatal resulting into death of the injured within a day of the occurrence during treatment. No doubt, as submitted during investigation, petitioner plea of alibi was accepted and police did not sent him for trial, though charge-sheet was submitted against other co-accused, who started facing trial in Session Trial No. 250 of 2004, where in the witnesses examined have again specifically stated what was narrated earlier as regard to the petitioner being author of fatal blow to the deceased, consequently, he has been summoned under Section 319 of the Cr.P.C. Considering the facts and circumstances, petitioner being assailant of the deceased, I find no merit in this application preferred under Section 438 Cr.P.C. Accordingly the prayer is rejected. Praveen (Akhilesh Chandra,J.)