IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26314 of 2008 INDAL SAHNI, s/o. Rludal Sahni, R/o. village Madhopur Sunder, P.S. Shyampur, Bhatah, District- Sheohar.----- Petitioner. Versus THE STATE OF BIHAR--- O.P. ----------- 3 22.10.2008 The F.I.R. was lodged under Sections 448, 341, 324 , 307 & 504/34 of I.P.C. and subsequently Section 302 I.P.C. was also added. The F.I.R. was recorded on the statement of the deceased in hospital and the informant alleged that while he was constructing his house the petitioner and another accused came there and abused him and that the petitioner accused gave spear blow causing injury on his Panjra and shoulder and that when his son Mukesh (deceased) came to save him, the petitioner also gave spear blow on his (Mukesh’s) right Panjra. Learned counsel for the petitioner submits that petitioner is in custody 24.09.2007. It is also submitted that the petitioner has been implicated falsely due to land dispute. Mr. N.K.Prasad, the learned Addl.P.P. submits that the petitioner is the main assailant, who had caused 2 the fatal blow causing injuries to the deceased, who died ten days after the occurrence in course of treatment. In the post mortem report stab injuries are also found on the deceased. The learned Addl.P.P. further refers statement of witnesses in Paras-3, 8 & 10 of the case-diary and submits that the witnesses have also said that the petitioner had assaulted the deceased causing the fatal injury resulting in his death. In the facts and circumstances, I do not feel inclined to release the petitioner on bail. Hence, it is rejected. Mkr. (C.M. Prasad, J.)