IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33099 of 2008 HARENDRA MAHTO, Son of Late Bangali Mahto, Resident of Village- Bagahi, Police Station- Pear, District- Muzaffarpur : -------- Petitioner. Versus THE STATE OF BIHAR : -------- Opposite Party. ----------- For the Petitioner : Mr. K.N.Diwakar, Advocate. For the Opposite Party. : Mr. Nitya Nand Tiwari, A.P.P. ========= 5. 01.10.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 307 and other allied Sections of the Penal Code. He is named in the First Information Report along with three others. It is submitted on his behalf that close perusal of the First Information Report would indicate that he is alleged to have assaulted the injured with a Khukhari which is a pointed weapon but the injury report of the doctor as incorporated in paragraph- 36 and supplementary injury report as incorporated in paragraph 91 of the case diary would indicate that the injury has been caused by hard and blunt substance, which belies the prosecution case. The doctor has opined that the injury on the person of the deceased is grievous in nature and has recorded the same with reference to the X-ray report. In the circumstances, at this stage, I am not inclined to admit the petitioner to the privilege of bail. His prayer for bail is, accordingly, rejected with liberty to renew the prayer for bail after completing eight months in jail custody. P.K.P. (V.N.Sinha,J.) - 2 -