IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36434 of 2009 LAKADU YADAV @ LAKRU YADAV S/O MOTI YADAV, RESIDENT OF VILL - KATAHAWA RETA, P.S.- PIPRASI , DISTT - WEST CHAMPARAN… …Petitioner Versus THE STATE OF BIHAR .. …OPPOSITE PARTY For the Petitioner:Mr. Kumar Shashank Shekhar,Advocate For the S t a t e : Mr. R.P.S. Singh, A.P.P. ----------- 3 30.10.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered under sections 341, 323, 325 and 307/34 of the Indian Penal Code and subsequently after the death of the victim section 302 of the Indian Penal Code was also added. It is submitted on behalf of the petitioner that it has come during the course of investigation that other persons had also assaulted the deceased. It is also urged that the occurrence is outcome of sudden out-burst. Learned counsel for the State submitted that as per the first information report, it was the petitioner, who had assaulted the deceased by lathi causing injury and thrashed him on the ground, had pressed the neck of the victim, as a result of which, blood started oozing from his nose. 2 Having regard to the facts and circumstances of the case and the fact that as per the first information report, the petitioner is the assailant, who had assaulted the deceased with lathi causing head injury and his subsequent death, I am not inclined to enlarge him on bail for the present. This application is, accordingly, dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)