IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39793 of 2009 RAJ KUMAR SAH, son of late Raghuni Sah, resident of village Baluaha, P.S. Mahisi, District Saharsa Versus STATE OF BIHAR ----------- 2. 18.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused for offence u/s 307 and other allied offences of the Indian Penal Code and it is said that he had given a farsa blow on the head of the injured. Mr. Kanhaiya Prasad Singh, learned Senior counsel appearing on behalf of the petitioner, would submit that the whole case is a fabricated one, inasmuch as the petitioner has been named and assigned by the informant only because he was witness in two of such cases filed by the other co- accused persons. He would also submit that even on merits as the doctor had not found any sharp cutting injury on the person of the deceased, the allegation of assault at least as against the petitioner would easily be blown away. He would finally submit that the petitioner is the respectable person being a Pramukh of a Panchayat Samiti as 2 also the member of Senate of B.N.Mandal University. All these submissions would have definitely made some mere impact on this Court had this petitioner not a dubious past. The petitioner has been constantly made accused right from the year 1978 till this day and the details of ten criminal cases given against him in the supplementary affidavit filed today, would only speak of the tendency or reputation that the petitioner even otherwise has, in his public life. Being in politics and involvement in criminal activities, these days has acquired a notoriously rising trend and therefore, when this Court would find that it was only in series of earlier acts that the petitioner also got named in the present case, his involvement altogether cannot be ruled out only in absence of corresponding incised injury on the head. This Court has found from the injury report (Annexure 2) that out of seven injuries, namely, “1) Diffuse swelling middle of left leg 6”x4” advised X-ray- AP & Lat. View, seen fracture of upper third of fibula bone vide X-ray plate no. 3 L-1278 dated 1.10.09. 2) Lacerated wound 1”x1/4”x muscle deep with surrounding diffuse swelling 3”x3” right lower leg X- ray Rt. Leg A.P. & Lat View vide X- ray place no. R-1278 dated 1.10.09 shows NAD. 3) Lacerated would ½”x1/8”x muscel deep at occipital region of skull X-ray AP & Lat. View vide reg.no. 1278 dated 1.10.09 shows NAD. 4) Swelling and tenderness right shoulder 1”x4” X-ray plate no. 1278 dated 1.10.09 shows NAD. 5) Swelling Rt. Thigh all over 6) Swelling upper thigh all over 7) Swelling and tenderness all over the back.” in the occipital region there was also a three dimensional injury on the head in occipital region of the skull capable of being caused by the petitioner, which would fully substantiate the allegation of murderous attack on the injured with an intention to kill him. That being so, this Court is not inclined to grant bail to the petitioner at this stage. His prayer for bail is, therefore, rejected. (Mihir Kumar Jha,J.) Surendra/ 4