IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33323 of 2008 IBRAR ANSARI Versus STATE OF BIHAR ----------- 4. 21.11.2008 Heard Sri Shakil Ahmad Khan, Senior Advocate for the petitioner and the learned A.P.P. for the State. The informant had uprooted the gram plants of the petitioner and that was objected to by him and the petitioner also gave a blow with hockey stick to the informant. The informant raised a cry so as to calling persons for his help. Kailash Ram the deceased and others rushed and was given a blow with the same weapon on his head and he fell unconscious and died in the hospital. The injury reports of various persons copied in paragraph 47 of the case diary indicate as if there could be as many as six persons assaulted by the petitioner. The copy of the postmortem report has been received and that appears at flag „A‟ of the present petition and it is indicated that there was a stitched wound partially healed 01” long on right parietal region of head; 4½“ above right ear and 4 1/2” back to right eye brow. There was another abrasion on the buttock of the deceased. So far as cause of death is concerned it was the wound of linear fracture 3” long(vertical) on left temporal and left parietal bone of head and a linear fracture 6” long(vertical)right temporal and right parietal bones consists coronal suture separated on left side. There was extradural haematoma on left temporal and right parietal region of brain. There was subdural haematoma on both sides of brain, more on left side. The contention is that it could be a case of single blow as - 2 - regards the deceased. It is further contended that it could never be a case of organized murder. This could be very difficult for this court to give any finding on fact or on law inasmuch as the trial court may get prejudiced on that account and may record a finding which may not be either in the interst of the petitioner or the prosecution. The duty of the trial court has to be left to that Court. What this court, prima-facie, points out is that a single blow which could be so enough for smashing the head of the deceased indicates the petitioner to be the assailant of the deceased and on that account he could not be directed to be released on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )