IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2223 of 2011 UMESH SINGH, SON OF LATE SARYUG SINGH Versus THE STATE OF BIHAR ----------- 04 28.04.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and it is stated that he gave spade blow on the head of the deceased though it is also stated that one Gonaur Singh @ Guneshwar Singh @ Bhuneshwar Singh assaulted the deceased with iron rod but it is not specific on which part of the body the above stated Gonaur Singh @ Guneshwar Singh @ Bhuneshwar Singh had given blow to the deceased. Learned counsel for the petitioner points out that the deceased sustained several injuries on his head whereas there is no allegation of giving fatal blow against the petitioner and having more or less similar allegation one co-accused Gonaur Singh @ Guneshwar Singh @ Bhuneshwar Singh has already been granted privilege of bail by another Bench of this Court vide order dated 30.08.2010 passed in Cr. Misc. No. 19830 of 2010 but most humbly I am to state that I am not in agreement with the submission of learned counsel for the petitioner and taking into consideration that there is specific allegation of giving blow by spade on the head of the deceased against the petitioner, I do not think it proper to release him on bail. Accordingly, his prayer for bail in connection with 2 Desari (Chandpura) P.S. Case No. 39 of 2000, stands rejected. However, learned trial court is directed to expedite the trial of the petitioner and conclude the same preferably within nine months. If the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail. Shahzad (Hemant Kumar Srivastava, J )