IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48775 of 2008 RAM BARAN ROY,, Son of Late Bhola Roy, resident of Village- Mahadeopur ( Gopalpur), P.S. Amarpur, District-Banka ------------------ Petitioner Versus STATE OF BIHAR ----------- 5 15-04-2009 Heard Mrs. Anjana Prakash, learned counsel for petitioner Ram Baran Roy, who is one of the F.I.R. named accused of Amarpur P.S. Case no.145 of 2007, registered under Section 302/34 I.P.C., 27 of the Arms Act and Sections 3/ 4 of the Explosive Substance Act and is in custody since 27.7.2008, as also Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. As per the fardbeyan given by Indradeo Das, the petitioner is alleged to have thrown a bomb after Randhir Roy had fired at deceased Bitari Harijan thereby causing his death. The postmortem report reveals that all injuries on the body of the deceased were ante mortem and the cause of death was due to cardio-respiratory arrest due to fire arm injury. It appears from perusal of paragraph-15 of the case diary, which is the description of the place of occurrence, that neither the bomb nor any sign showing the remnants of bomb was seen or found at the place of the occurrence. In that view of the matter the petitioner, namely, Ram Baran Roy, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case no.145 of 2007 NKS/- (Abhijit Sinha, J.)