IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29891 of 2011 1. Soney Lal @ Sonelal Ray S/O Late Nirekhan Rai R/O Vill. Surawandha, P.S. Baniyapur, Distt. Saran Versus 1. The State Of Bihar ----------- 3 25.10.2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner is in custody in connection with Sessions Trial No. 593 of 2011 arising out of Baniyapur P.S. Case No. 8 of 2011 for the offence punishable under Section 302/34 of the Indian Penal Code. The allegation against the petitioner as set out in the F.I.R., is of assaulting the son of the informant with knife and thus causing grievous injury near the arm pit and right side of scalp. The son of the informant subsequently succumbed to the injuries. Learned counsel for the petitioner disputing the allegations submits that various paragraphs of the case diary demonstrates that the allegation as set out in the F.I.R. does not project the true state of affairs and rather indicates that the deceased may have been done away with in some other transaction and the informant with ill motive has involved the petitioner and others in the present case. It is submitted that whereas the petitioner is a man of clean antecedent, the deceased was a veteran criminal. The post mortem report is present at paragraph 24 of the case diary and matches the allegation as set out in the F.I.R. The injuries found on the person of the deceased as mentioned in post 2 mortem report confirmed the allegations set out in the F.I.R. Considering the circumstances, I am not convinced with the submission of the learned counsel and the prayer made by the petitioner is accordingly rejected. The application is dismissed. Bibhash (Jyoti Saran, J.)