IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11094 of 2010 PYARE SAH @ PUARE LAL SAH, SON OF LATE NEPAL SAH, RESIDENT OF VILLAGE-GOBRAURA, POLICE STATION- LAURIA, DISTRICT-WEST CHAMPARAN…….PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Bashistha Narain Mishra, Advocate. For the State : Mr. Nirbhay Kumar Singh, A.P.P. ---------- 2. 22.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 341, 323 and 307/34 and later on added Section 302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that it would be manifest from perusal of the First Information Report that while the husband of the informant had tried to diffuse the quarrel going on between the parties, the petitioner had allegedly given a lathi blow on his head causing death. Thereafter, other persons had also assaulted him. Learned counsel submits that in view of the aforesaid facts, ingredients of Section 302 of the Indian Penal Code are not made out in 2 this case and at best it would be a case under Section 304 Part- II of the Indian penal Code. Learned A.P.P. for the State submitted that there is direct allegation against the petitioner of giving a lathi blow upon the head of the deceased, which was the cause of his death. Having regard to the facts and the circumstances of the case and also considering that there is direct allegation against the petitioner of assaulting the deceased on his head, I am not inclined to grant bail to the petitioner for the present. As a result, this application is dismissed at this stage. P.S. (Dr. Ravi Ranjan, J)