IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33330 of 2008 MD.ELAHI Versus STATE OF BIHAR ----------- 2 20.8.2008 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner’s bail application under Section 302 of the Indian Penal Code was earlier rejected on 14.9.2007 Learned counsel for the petitioner submits that the petitioner is the brother of the deceased and there was a hot exchange between the brothers. The petitioner inflicted a single lathi blow on the head. The learned counsel submits that an offence under Section 304 B of the Indian Penal Code is made out in the facts of this case. It is further submitted that the petitioner is custody since 26.6.2007. I think that the period of custody is too short and as such the bail application of the petitioner is rejected for the present. Sanjay ( Sheema Ali Khan,J.)