IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29904 of 2010 UPENDRA PANDIT Versus STATE OF BIHAR ----------- 03/ 05.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State assisted by learned counsel for the informant. The petitioner seeks his bail in connection with Salkhua P.S. Case no.218/2009 registered under section 302 and other minor sections of the IPC. Allegedly, the petitioner along with several other accused persons being armed with lethal weapon entered the courtyard of the informant and assaulted the informant and his family members. The specific allegation against this petitioner is that he gave one blow to the informant’s son as a result of which informant’s son sustained injury on his head and died then and there. The contention of the learned counsel for the petitioner is that in course of investigation the informant as well as several other witnesses have stated that the deceased was jointly assaulted by the petitioner and his associates and furthermore, in course of investigation, it came to light that the petitioner was carrying Dabia in his hand but no cut injury has been found on the head of the deceased. So it is not clear from the aforesaid materials as to which of the accused persons had given fatal blow to the deceased but I am not at all convinced with the submission of the learned counsel for the petitioner. Considering the nature of the case as well as specific - 2 - allegation levelled against the petitioner, the prayer for bail of the petitioner stands rejected. shahid (Hemant Kumar Srivastava,J))