IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40056 of 2008 BRIJ BANSHI BHAGAT Versus STATE OF BIHAR ----------- 3. 11.12.2008 Heard Sri Ajay Mishra, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner is one of the three persons named in the FIR and appears carrying enmity with the deceased. There appears litigation both on civil and criminal side between the petitioner and the deceased. Cases in that respect were pending in courts. It is alleged that for the above reasons the three accused persons came to the place where the deceased was sleeping, picked him up and took him to his own field and assaulted him so much so with lathi and bhala on his face and head as to kill him. The allegation as is made in the FIR is supported by a solitary witness and there is no specific story of assault against any accused persons. However, when one peruses the postmortem report one could find that there were as many as five injuries out of which three were (i)deep penetrating wound with sharp margin of size 4”x1/2”xbone deep over left side of forehead - 2 - above left eye, (ii)deep penetrating wound with sharp margin of size 1”x1/2”x bone deep over left side of face (iii)deep penetrating wound with sharp margin of size 1”x1/2”x bone deep medial to right ear. There was bleeding from mouth and nose and both ears. It could probably give an inkling as to what could be the quantum of assaulted administered to the deceased. The death was on account of shock and haemorrhage occurring on account of injuries caused by hard and blunt substance. Considering the motive as also considering that the injuries support the manner of assault, I am not inclined to release the above named petitioner on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )