IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23728 of 2011 Shiv Nath Rai S/o Rajendra Rai, R/o village-Darihara Bhuwal, P.O.-Darihara, P.S.-Dariyapur, Dist.-Saran Versus The State Of Bihar ----------- 2. 20.7.2011. Heard learned counsel for petitioner and learned counsel for the State. The petitioner apprehends his arrest in a case registered for the offence under sections 448, 323 and 302/34 of the Indian Penal Code, has prayed for grant of bail. As per the prosecution case, the petitioner caused injury by Butt of a rifle upon head of Arbind Kumar, who was carried to P.M.C.H. and thereafter shifted to Rajeshwari Hospital, Kankerbagh, Patna, where he succumbed to his injuries. Learned counsel for the petitioner submits that there is a counter version also. A first information report bearing Dariapur P.S. Case No.89 of 2010 dated 27.6.2010 was instituted on the basis of statement given by uncle of the petitioner against unknown 20-25 accused persons. Learned counsel for the petitioner also submits that at best it would be a case under section 304 and not a case under section 302 of the Indian Penal Code. He has also submitted that the case has been compromised between the parties and a petition for compromise has already been filed in the court of Chief Judicial Magistrate, Saran at Chapra. Learned counsel for the State submits that there is specific and direct allegation of causing assault by Butt of a rifle as a result of which brother of the informant died. Taking into consideration the fact of the case, I am not 2 persuaded to grant anticipatory bail to the petitioner. Accordingly, petitioner’s prayer for grant of anticipatory bail is rejected. Md.S. ( Ashwani Kumar Singh, J.)