IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43806 of 2008 RABINDRA CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 21.11.2008 Heard Sri Devendra Kr. Sinha, Senior Advocate for the petitioner and the learned A.P.P. for the State. There is an admitted case of enmity on account of land dispute between the parties for possession over the piece of land. There is a counter version to the present occurrence also vide Amas P.S.case No.41 of 2008 in which the wife of accused Rampati Choudhary is the informant. That case is under Section 307 etc IPC and 27 of the Arms Act. As regards the present case in which the present petitioner seeks bail, the allegation is that while the deceased and others were harvesting ripe Tisi crop, the accused persons came heavily armed and this petitioner fired a shot hitting the deceased, Kamlesh Choudhary, on his Pakhura and Kamlesh Choudhary was shifted to hospital where he was declared dead. The contention is that after holding the postmortem examination report the doctor found the entry wound some where around the neck - 2 - and that indicates as if the manner of assault may not be correct. This could be an issue for the trial Judge to consider whether the position of the petitioner while standing up could be such as to causing the injury to a man who could be either sitting or a bit bent up in not receiving the injury. The fact remains that petitioner has been alleged to be the assailant of the deceased and in that light, I do not find any merit in the petition. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )