IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32987 OF 2009 GANESH MAHTO, SON OF PATI MAHTO,RESIDENT OF VILLAGE BANTAIL RAMU KA TOLA, P.S. KUCHAIKOTE, DISTRICT GOPALGANJ VERSUS STATE OF BIHAR ----------- 2. 15.10.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under section 302 and other allied sections of the Indian Penal Code. As per the first information report itself, petitioner is the first assailant who entered into the house of the deceased and assaulted him with a sharp cutting weapon (Tangi) on his head. In the post mortem report, injury caused by sharp cutting weapon has been found on the head of the deceased and as per opinion of the doctor, deceased died due to the said injury. Although learned senior counsel for the petitioner submits that there was no premeditation to commit murder of the deceased and occurrence happened only on a spur of moment, since petitioner is the main and first assailant, this Court is not inclined to allow petitioner on bail. The application is dismissed. - 2 - The trial court shall make all endeavours to conclude the trial as expeditiously as possible preferably within six months failing which the petitioner will be at liberty to move for bail afresh. B.T (J.N. Singh, J.)