IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1914 of 2008 GUPTESHWAR SINGH Versus STATE OF BIHAR ----------- 4/ 24.6.2008 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel appearing for the informant. The allegation is that the petitioner and others forming an unlawful assembly came and assaulted Bhimraj Paswan and Rajesh Paswan, uncle and cousin brother respectively of the informant Ambika Paswan. Informant’s uncle Bhimraj Paswan died at the spot and Rajesh Paswan sustained severe injuries. From perusal of the case diary it appears that the injured Rajesh Paswan was examined during investigation under Section 161 of the Code of Criminal Procedure before the police in which he has stated that it was the petitioner who assaulted with iron rod on the deceased which proved fatal. Considering the entire allegations and taking into consideration the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J. )