IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51660 of 2007 JAGO YADAV Versus THE STATE OF BIHAR ----------- 3 13.5.2008 Heard learned counsel for the parties. The petitioner is an accused in a case under sections 302, 307, 323/34 of the Penal Code. The allegation is that on 8.5.2006 a dispute took place between the deceased and the informant on one hand and the petitioner on the other hand. The informant has received injuries on various parts of his body. It has been alleged that the petitioner along with two others assaulted the deceased on the chest and the stomach. Learned counsel for the petitioner submits that the post mortem report indicates that the deceased died due to injury on the right temporal region of the head. It is submitted that the ocular evidence does not support the medical evidence and the petitioner has remained in custody since 28.5.2007. However, the ocular evidence cannot be rejected out right at this stage and, therefore, I am not inclined to grant bail to the petitioner for the present. This bail petition is dismissed. haque (Sheema Ali Khan, J.)