IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17915 of 2008 SATYENDRA RAI Versus THE STATE OF BIHAR ----------- 3 10.7.2008 Heard learned counsel for the petitioner, the A.P.P. representing the State and the counsel appearing on behalf of the informant. The petitioner is an accused in a case under sections 147, 148, 149 and 302 of the Penal Code, section 27 of the Arms Act and sections ¾ of the Explosives Substance Act. The prosecution case is that the named accused persons came to the house of the informant and it is said that Devendra Rai exploded bomb which hit the wall of the informant’s house and thereafter he gave order and Satyendra Rai, accused petitioner fired on the chest of the deceased. It is submitted that according to the further statement of the informant the manner of occurrence has been changed and it is said that the accused persons threw bricks from the roof and Satyendra Rai is said to have fired from the roof of the house. It is submitted that the manner of occurrence has been changed as the post mortem shows that the injuries is ‘down ward’. Learned counsel submits that the present occurrence is of 26.12.2005 whereas on 25.12.2005 the informant and others are said to have entered the house of the petitioner and assaulted the inmates of the house including the petitioner. It is submitted that there is a land dispute between the parties and, therefore, this case has been filed and 2 the actual occurrence took place on 25.12.2005. According to learned counsel for the petitioner the fact that the occurrence took place on 25.12.2005 is supported by some witnesses in paras 108, 109 and 110 of the case diary in which it is alleged that one Umesh Rai is said to have fired on the deceased. The petitioner is in custody since 11.12.2007. Considering the fact that in the F.I.R. as well as in the further statements, there is allegation that the petitioner is said to have fired causing the death of the deceased, I am not inclined to grant bail to the petitioner. This bail petition is dismissed. haque (Sheema Ali Khan, J.)