IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35893 of 2008 UMESH PRASAD ..... PETITIONER Versus THE STATE OF BIHAR …. OPP. PARTY For the petitioner : - Sri Nawal Kishore Singh, Advocate For the O.P. : - Sri D. Mehta, APP ----------- 3. 12.11.2008 Heard Sri Nawal Kishore Singh, Advocate for the petitioner and Sri D. Mehta, APP for the State. The allegation against the petitioner is that he fired a shot, which hit the informant in his abdomen. The defence is that there is a dispute for land on which the prosecution party uprooting the khira plants grown by the petitioner and the real fact of the matter is that it was the petitioner, who was chased by the informant and others down to his house, where he took shelter and in self defence he fired a shot, which incidentally hit the victim. Thus, the firing of the shot by the petitioner appears admitted. The question of fact as to whether it was an act of aggression or act done in exercise of right of private defence could be examined during the trial of the case. As regards the wound, the same is copied in paragraph 98 of the case and after perusing the same, I find that it could not be a case for granting bail to the petitioner. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)