IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17074 of 2010 RAJESH MAHTO son of Ram Ashray Mahto resident of village Sadikpur, P.S.-Kanti, District-Muzaffarpur Versus THE STATE OF BIHAR . ----------- 3 18.05.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This is the second attempt on behalf of the petitioner who is an accused in in connection with Kanti P.S. Case No. 142 of 2008 for the offences punishable under Sections 147, 148, 149, 323,324, 307 and 302 of the Indian Penal Code. The allegation against the petitioner is of assaulting the deceased on his head by means of bhujali Learned counsel for the petitioner in support of his contention and with reference to the postmortem report placed at Anneuxre-3 of the application submits that there is not a single injury caused by means of sharp weapon rather there is a clear finding that the fatal injury was caused by a hard and blunt substance. He thus submits that the case of the petitioner requires reconsideration, also in view of the fact that the petitioner is in 2 custody since 5.6.2009. Having regard to the nature of allegations, I am not convinced with the submissions of the learned counsel nor do I find any fresh circumstance for reconsideration of the application of the petitioner at this stage. It is dismissed accordingly. Bibhash ( Jyoti Saran, J.)