IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22988 of 2009 UPENDRA THAKUR, son of Birendra Thakur, village Chainpur, PS Siswan, District Siwan – Petitioner. Versus STATE OF BIHAR ----------- 3 24.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is accused in a case under sections 302/120B/34 of the Penal Code. The allegation in the first information report is that six persons had assaulted the deceased which resulted in his death. Out of six accused persons, four are named in the F.I.R. There are three wounds of entry on the body of the deceased. Learned counsel for the petitioner submits that the father of the petitioner works in Calcutta and this petitioner lives with his father and, therefore, he could not be involved in the case. At this stage this court cannot consider the plea of alibi taken by the petitioner. It is also submitted that some of the witnesses have stated that the petitioner was at Calcutta at the time of the occurrence. All these aspects will be considered at a later stage of the case. Considering the allegations I am not inclined to grant bail to the petitioner. This application is dismissed. haque (Sheema Ali Khan, J.)