IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20805 of 2008 SUKHDEO PRASAD Versus THE STATE OF BIHAR ----------- 4. 30.7.2008 Heard. The case is under Section 302 IPC and the allegation against the petitioner is that he dealt a blow with a garasa on the head of the deceased. The contention is that the postmortem examination report does not support the manner of assault inasmuch as the injury measuring 10 C.Ms.x ½ C.Ms.x scalp deep was found caused by hard and blunt substance. The court does not want to express its opinion on the controversy but there is one more feature in the wound which could negate submission that the width of the wound was only ½ C.Ms. which is quite slender which could not be caused by the blunt part of the farsa and the Trial Judge will take the evidence and decide the issue at the appropriate stage of the trial. Considering that the petitioner is said to be the assailant of the deceased, I am not inclined to direct the release of the petitioner on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )