IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30758 of 2008 MD.ISTEYAQ S/O-Md. Manzoor, R/O-Vill-Rasulpur, P.S.-Hayaghat, Distt.-Darbhanga. ………………..Petitioner. Versus STATE OF BIHAR ----------- 3/ 11.12.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered under Section 307 and some other Sections of the Indian Penal Code on 30.06.2007. The injured died on 2nd July, 2007 and the case has been converted under Section 302 of the Indian Penal Code. The informant has alleged that the petitioner was habitually taking tea and not paying the amount. When the amount was demanded then the petitioner indiscriminately assaulted the informant, informant’s father, his sister and his brother-in-law Md. Ashraf who was taken for treatment but later on died. Submission is that the case at best comes in purview of Section 304 of the Indian Penal Code, it cannot be a case of Section 302 of the Indian Penal Code. The death is on account of medical negligence. Further submission is that the injury reports are not on the record so all the injuries cannot be attributed against the petitioner. - 2 - The petitioner has been described as the person who has assaulted which has led to death of a person. Considering this, I am not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)