IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1104 of 2011 MD. ATIULLAH KHAN Versus THE STATE OF BIHAR ----------- 04 28.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 14.01.2010 in connection with Budha Colony P.S. Case No. 05 of 2010 initially, registered under Section 307 of the Indian Penal Code and subsequently, converted under Section 302 of the Indian Penal Code. Allegedly, the petitioner mercilessly assaulted the deceased with bricks as a result of which deceased sustained injury and died after 25 days of the alleged occurrence in course of his treatment. The contention of learned counsel for the petitioner is that no brick was found near the place of occurrence and even if, the prosecution story assumed to be true, then also, there was no intention of the petitioner to kill the deceased but I am not, at all, convinced with the submission of learned counsel for the petitioner. Accordingly, this bail petition stands rejected. However, learned trial court is directed to expedite the trial of the petitioner. Shahzad ( Hemant Kumar Srivastava, J.)