IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12889 of 2010 BHAGAT @ SURAJ MALAKAR Versus STATE OF BIHAR ------- 02. 26.05.2010 Heard learned counsel for the petitioner and State. Petitioner is named accused in connection with Belaganj P.S. Case No. 91 of 2009 for offences under Sections 302 and 34 of the Indian Penal Code, without any specific identity, but, as one another boy. Here, on behalf of the petitioner, it is submitted that he was Khalasi of the involved vehicle, driver of which Parvez Ahmad is co-named accused is serial no. 1. The informant is the grand father of the deceased who was traveling in the vehicle being given by non- petitioner accused no.1 of which as stated petitioner was Khalasi. There was some dispute with respect to fare causing scuffling between the deceased at one hand and the accused persons on the other hand resulting into death of the deceased who was brought at hospital for treatment but declared dead. The petitioner has sustained no injury as stated. The contention of learned counsel for the petitioner is that it is a case of occurrence on provocation. Considering the facts and circumstances in the present, I am not inclined to enlarge the petitioner on bail. Hence, prayer for bail of the petitioner is hereby rejected. Simultaneously, trial court is directed to proceed expeditiously with the trial and preferably conclude the same within one year. Rajeev/ (Akhilesh Chandra, J.)