IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35784 of 2011 Santoshi Ram Versus The State Of Bihar ---------------------------------- 02. 09.11.2011 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Dehri P.S. Case No. 442 of 2010 for offence punishable under Sections 302, 307, 324, 323, 341, 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the death has occurred by reason of an assault made by the petitioner but the facts accompanying the case demonstrates that the offence alleged does not come within the parameters of Section 302 I.P.C. rather at best it could be a case of Section 304(2) of the Indian penal Code. He submits that the record of the proceedings suggests case and counter case and thus the petitioner deserves reconsideration. The bail of the petitioner was earlier considered and rejected by order dated 10.05.2011 passed in Criminal Misc. No. 16547 of 2011, inter alia, on grounds that the assault made by the petitioner on the father of the informant on his head had ultimately led to his death. I find no fresh ground for reconsideration of the prayer made by the petitioner and the same is rejected. As it is contended that the case has been committed to the court of sessions for trial, let the trial be expedited. S.Sb/- (Jyoti Saran, J.)