IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44941 of 2008 MAKARDHWAJ MAHTO, Son of Jhagru Mahto, Resident of Village- Hanumanganj, P.S.- Masarakh, District- Saran :----Petitioner. Versus STATE OF BIHAR:----Opposite Party ----------- For the Petitioner : Mr. Suraj Pd. Singh, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ===== 3. 08.12.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 302 and other allied Sections of the Penal Code. He is named in the First Information Report along with Jhagru Mahto and others. It is submitted on behalf of the petitioner that he is alleged to have given Gandasa injury on the non-vital part of the deceased and the deceased died on account of his old age. Such finding cannot be recorded at this stage. In the circumstances, as petitioner has assaulted the deceased, may be on non-vital part with Gandasa, I am not inclined to release him on bail at this stage. His prayer for bail is, accordingly, rejected, however, with liberty to apply for bail after completing one year in jail custody. P.K.P. (V.N.Sinha,J.)