IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31549 of 2008 MADHESH @ MADHESHWAR YADAV Versus STATE OF BIHAR - - - - - 2. 19.8.2008 Heard. The case is under Section 302 of the Indian Penal Code and the petitioner is said to have thrown a bomb hitting the head of the deceased so as to killing him. The defence is contained in annexure-2 which contains a version that the petitioner was assaulted by the deceased and his wife brought a bomb and handed the same over to the deceased who wanted to throw it on the head of the petitioner and the petitioner in order to save him got injured so much so as to loosing his arm and fingers and in the same process the deceased also got injured and died. These are facts which will fall for consideration before the trial court at the right stage of the trial and the trial court shall consider the individual act against the accused without being prejudiced by any finding record by this Court. As regards the prayer, considering the allegation appearing against the petitioner, I am not inclined to direct release of the 2 petitioner. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)