IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 34896 of 2010 Gaphar Ansari @ Gaffar Ansari, son of Alim Mian, resident of village – Nachap, P S – Manjhi, District – Saran, Chapra - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 12.10.2010 Heard the learned counsel for the petitioner, State and the informant. The petitioner is named in the first information report as being an assailant on the informant’s brother with a knife on his chest while others were also there in the said transaction to kill the brother of the informant. Prima facie, it would be a case under Sections 307, 302/34 of Indian Penal Code. Merely because it was at the spur of the moment does not justify killing of a person and grievously injuring another. Petitioner’s bail application in Manjhi Police Station Case No 44 of 2010 dated 11.04.2010 is, thus, rejected at this stage. M.E.H./ (Navaniti Prasad Singh)