IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27263 of 2008 BISHNU DEO SINGH Versus STATE OF BIHAR ----------- 5 24.11.2008 Heard. The case is under Section 302/34 IPC as also under Section 27 of the Arms Act. Some of the admitted facts are that the present petitioner and the deceased were fighting with each other both civil and criminal litigation of various huge. There is no dispute that there was firing and counter-firing between the parties as the Police appears drawing up FIRs.The Police further appears indicating that when it arrived at the spot, a strong mob of one thousand persons surrounded and they wanted the petitioner to be handed over to them. It so happened on 17.1.2008. The main prosecution story is that this petitioner through emissaries called for some discussions with the deceased in his house. The deceased arrived. There was some talk which turned into a hot debate. The petitioner took away the gun from the hand of the co- accused and fired causing injury to the deceased. Contention is that a mob of one thousand persons ransacked the house of the petitioner. The whole house was ransacked and Jeep, Tractor and grains worth Rs.2,00000/- were set on fire. Further contention is that the petitioner could not have called the deceased at his house. It is contended that the petitioner had also filed a complaint - 2 - case and that was sent to the Police Station for enquiry under Section 156(3)Cr.P.C. and the case has also been found to be true and by considering the facts of the case, it could be probable conclusion that the petitioner might have acted in right of his private defence. Learned counsel appearing for the informant had referred some prosecution story which supports the central prosecution allegation about the assault on the deceased which is supported from the post-mortem examination report.. In the facts and circumstances, the trial court should explore the possibility about the entire incident. The petitioner appears to be the assailant of the deceased and, accordingly, this bail application is dismissed. SKBOSE (Dharnidhar Jha)