IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6270 of 2009 RABO YADAV @ RABINDRA YADAV @ RABINDRA, SON OF NARESH YADAV, VILLAGE MAMARKHABAD, P.S. PANDARAK, DISTT. PATNA ------ PETITIONER. Versus STATE OF BIHAR ------ OPPOSITE PARTY. ----------- For the petitioner : Mr. K.N. Diwakar, Advocate. For the State : Mr. C. Jawahar, A.P.P. 5. 22/5/2009 Heard. Petitioner has been made accused in connection with Pandarak P.S. Case No. 74 of 2008 registered for the offence under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the post mortem report does not support the ocular evidence. Further submission is that charge is yet to be framed in this case. It is also submitted that the land dispute is not cause of the alleged occurrence and the petitioner has been falsely implicated in this case. Petitioner is stated to be in jail custody since 20.6.2008. Learned A.P.P. appearing on behalf of the State submits that there has been direct allegation of assault against the petitioner by fire arms and injuring right side of the neck of the victim causing his death which is fully supported by the post mortem report. Having considered the rival submissions and in the facts that there is direct allegation of assault on the petitioner causing death of the victim, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of 2 the petitioner is dismissed at this stage. S. Ali (Dr. Ravi Ranjan, J.)