IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35958 of 2009 Chadan Ram, Son of Kapil Ram, Resident of Kandha, P.S. warisaliganj, Distt. Nawada. --------- Petitioner Versus State of Bihar -------- Opp. Party ----------- 2 29.10.2009 Heard counsel for the petitioner and counsel for the State. The allegation of assault by lathi on the vital portion of the deceased gets corroborated from the postmortem report. The argument of the counsel for the petitioner that it was not a pre- meditated attack rather a dispute for construction of drain which led to free-fight on the spur of moment is definitely one by way of defence but then taking into account that the petitioner has remained in judicial custody only for a period of little more than five months, this Court, for the present, is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Chadan Ram, is rejected for the present with a liberty to the petitioner that he may renew his prayer for bail after completing one year of his judicial custody. Rsh (Mihir Kumar Jha, J.)