IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27432 of 2009 Sandip Tiwari, S/o Sri Jagdamba Tiwari, R/o Village Thakraha, P.S. Thakraha, District West Champaran. ------- Petitioner Versus The State of Bihar --------- Opp. Party ----------- 2 2.9.2009 Heard counsel for the petitioner and Counsel for the State. The petitioner as per the allegation in the First Information Report had caused injury on the person of the deceased by Farsa and the injury report as also the postmortem report corroborates the same, inasmuch as, the doctors have found sharp cutting injury which can always be caused by Farsa in the hand of the petitioner. The Submission of learned counsel of the petitioner that the present case was a counter blast version of a case filed by the petitioner and his family members would not inspire confidence for the present for the purpose of bail because in the present case, there is one person who has been subjected to death and two persons have received injuries. The other case is only under Section 323 & 324 of the Indian Penal Code and allied offences and therefore, it would be very difficult to 2 accept that whatever right was exercised by the petitioner was in self defence. That being so, the petitioner comes in the category of main assailant and accordingly, the prayer for bail of the petitioner, namely, Sandip Tiwari is hereby rejected. However, the court below is directed to expedite the trial for securing early disposal of the case. With the aforementioned observations, this application is dismissed. Rsh (Mihir Kumar Jha, J.)