IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18478 of 2010 LAKHAN YADAV @ LAKHAN PD.YADAV Versus STATE OF BIHAR ----------- 02. 26.05.2010. Heard the learned counsel for the petitioner, namely, Lakhan Yadav @ Lakhan Pd. Yadav, who is in custody since 05.04.2010 in Basnahi P.S. Case No.17 of 2007 under Sections 147, 148, 149, 323, 447 and 302 I.P.C. Heard the learned A.P.P. also. From perusal of the F.I.R. itself, it appears that there is direct allegation against this petitioner that he gave a chura blow on the neck of the deceased Pramila Devi who had gone to save her father who was being assaulted by the other co-accused persons. The said Pramila Devi died at the spot. The learned counsel for the petitioner submitted that the petitioner is old man and has got no criminal antecedent and is a retired teacher and there was no premeditation, therefore, it will be a case under Section 304 (part ii). Considering the above facts and circumstances of the case that there is direct allegation of giving chura blow causing death at the spot, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. Sanjeev/- (Mungeshwar Sahoo, J.)