IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18860 of 2009 JHULAN RAY @ JHULAN RAI, SON OF RAM PRATAP RAI, RESIDENT OF VILLAGE EKDANGA, P.S. MIRGANJ, DISTRICT GOPALGANJ VERSUS STATE OF BIHAR ----------- 4. 20.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 302 read with Section 34 of the Indian Penal Code. Learned counsel for the petitioner submits that even if the prosecution story in the first information report is accepted, there is no intention of petitioner to kill the deceased and only on account some altercation, he assaulted the deceased with a piece of bamboo on his head. He points out that in the supervision note, there is some indication of provocation from the side of deceased also. Petitioner has remained in custody since 30.1.2009. A report was called for from the learned court below with regard to stage of the trial. From the report received it appears that the court below has assessed time for conclusion of the trial as one year. Petitioner has eight cases against him from before. - 2 - Considering the fact that in large number of cases petitioner is an accused, this Court is not inclined to allow him on bail. Therefore, the application is dismissed. In case the trial of the case is not concluded within one year, petitioner will be at liberty to renew his prayer for bail. B.T (J.N. Singh, J.)