IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31541 of 2011 Uchit Yadav @ Pahalwan Versus The State Of Bihar -------- 03/ 21.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody in a case registered under section 302/34 of the IPC. There is specific allegation against the petitioner that he along with other accused mercilessly assaulted the deceased as a result of which he died while he was being taken to hospital. Learned counsel for the petitioner submits that neither informant nor other witnesses are eye witnesses of the alleged occurrence and that is why at the time of alleged occurrence, neither informant nor any other person has taken pain to inform the police. It is further contended by him that, as a matter of fact, the deceased was assaulted by some unknown person and after death of the deceased, this false case has been instituted against the petitioner and others on account of village politics. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Sahebpur Kamal P.S. Case no. 67/2011 pending in the court of the Chief Judicial Magistrate, Begusarai stands rejected. 2 The Chief Judicial Magistrate, Begusarai is hereby, directed to take step for commitment of the case of the petitioner to the court of Sessions in accordance with law within one month from the date of receipt of this order. shahid (Hemant Kumar Srivastava,J)