IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26429 of 2008 SUBEDAR SINGH YADAV Versus STATE OF BIHAR ----------- 4. 22.9.2008 Heard. Allegation against the petitioner is that he dealt lathi blow on the head of the deceased Surya Bihari Bhagat. The contention is that the man died 12 days after the incident and that some of the witnesses specially Lakshman Bhagat, the injured, did not specify the allegation as it is made in the F.I.R. rather made a general nature of allegation against all the accused persons. Further contention is that there was no injury found on Lakshman Bhagat and the accused Hawaldar Singh, who is alleged to have dealt sawal blow on the head of Lakshman Bhagat, was admitted to bail by a Bench of this Court. The fact that Hawaldar Singh was granted bail may not be of much importance inasmuch as a single blow was caused by hard and blunt substance and initially it was a case under section 307 of the Indian Penal Code and Lakshman Bhagat was not found in serious state of health. As regards the death of Surya Bihari Bhagat after 12 days, application of the appropriate provision of law on that account could be appreciated by the trial court only after collection of evidence. As things presently stand, the petitioner appears assailant of the deceased and in that light the petition is dismissed. sudip ( Dharnidhar Jha,J )