IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5941 of 2008 MD.SAMBIL Versus THE STATE OF BIHAR ----------- 6. 3.9.2008 Heard. The allegation is that when the informant and his brother came out after offering their Namaz, some of the accused persons caught hold of the deceased and one of them, namely, Md. Waliullah ordered to kill him upon which this petitioner dealt lathi blows on the deceased, who fell down and was assaulted by other accused persons by lathi. Persons, who wanted to intervene, could not do so, because of brick-batting indulged into by other accused persons as indicated in the F.I.R. The F.I.R. indicates that there was some dispute between the parties which led to the incident. The contention is that it is a case of land dispute and the deceased in fact fell from the roof of the house and happened to have the injuries and died on that account and that the brick particles attached to the injury could be testimony to that. If it could be a false case, the injuries could have been on the upper part of the body and it could never be from one side of the lower leg up to the top of the head and this could probably indicate the seriousness of the assault. The defence of land dispute could be viewed at the time of deciding the case. As facts stand presently, the petitioner being the assailant, I am not inclined to direct release of the petitioner on bail. The petition is dismissed. sudip ( Dharnidhar Jha,J )