IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26497 of 2009 NASIM AKHTAR SON OF GUL MOHAMMAD @ DUKHAN, R/O VILLAGE- SAROGORA, P.S.- KISHANGANJ, DISTRICT- KISHANGANJ. Versus STATE OF BIHAR ----------- 4 04/01/2010 Heard Md. Hussain learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case which has been registered under sections 302/34 of the Indian Penal Code. The informant is a Chowkidar and he has alleged that the petitioner has struck an axe blow upon Sabila Begum who died on account of that injury received on her head. In course of investigation the father of the petitioner has also stated before the police that the petitioner has given fatal blow to the deceased. Submission is that the informant is a Chowkidar and no family member has come forward to lodge the FIR. It was a case of accident. There was no motive of killing. According to the allegation, the petitioner is the sole assailant of the deceased. Considering the above facts, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. However, the petitioner is at liberty to renew his 2 prayer for bail after examination of Gul Mohamad and the informant as a witness during trial. avin (Shyam Kishore Sharma, J.)