IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45429 of 2008 VIJAY VEER SINGH Versus STATE OF BHIAR ----------- 3/ 15.1.2009 Heard. The petitioner who is a Havildar in Sashastra Seema Bal and put on duty on Indo-Nepal boarder somewhere near Sitamarhi, is alleged to have fired a shot so as to killing the deceased, who, as per the prosecution story, was taking his consignment of paddy for sale to any trader . The counter version is that some vehicles like tractor and trailers which were seized, carrying paddy and fertilizer and were cross about to the boarder, were seized and put into the custody of the customs officials stationed at that particular place whereafter a mob of sixty – seventy persons assembled and attacked the personnels of Sashastra Seema Bal who were guarding the seized vehicles and articles. Some of the persons of the mob were also firing shots. The petitioner fired some shots in his self defence as also to scare away the mob but it did not yield any result and lastly, the petitioner and his companions had to retreat to their base camp. The support is of both the stories in the case diary that the petitioner could have shot and killed the husband of 2 the informant or he could have acted in self defence while discharging his duties of guarding the seized properties. This could be the reason that the petitioner initially was chargesheeted under section 304 of the Indian Penal Code only, but the learned Chief Judicial Magistrate summoned the petitioner, after perusing the case diary, to face trial for the offence under section 302 of I.P.C. This much is clear from the FIR also that the petitioner was on some duty and he was obstructing the movement of the vehicles used to carry goods across the boarder. The question shall be decided at the time of trial as to whether it could be an intentional act or could it be an act in exercise of the right of private defence of person and property. The petitioner Vijay Veer Singh, being an employee of security organization and alleged having committed the offence during the course of his duty, is directed to be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge (F.T.C. VI), Sitamarhi in Sonbarsa P.S. Case no. 33 of 2008 (G.R. No. 973 of 2008 / S.Tr. No. 427 of 2008). Anil/ ( Dharnidhar Jha,J )