IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17587 of 2008 MEGH NATH RAI & ORS Versus STATE OF BIHAR ----------- 3/ 9/7/2008 Heard learned counsel for the petitioners, learned A.P.P. and learned counsel appearing for the informant. Altogether 16 persons are named as accused in this case. Allegation is that at the time of occurrence, accused Naresh Rai was having bomb in his hand who threw it which caused injury to the informant Sheo Jatan Rai and his two brothers. One of the injured namely Ram Dayal Rai succumbed to the injury later on and the case registered under Section 307 and other Sections of the Indian Penal Code was converted into Section 302 of the Indian Penal Code. Submission is that there is case and counter case and the counter case has been lodged by petitioner no.1 Megh Nath Rai being Malsalami P.S.Case no. 214 of 2007 for offences under Section 307 and other Sections of the Indian Penal Code and 3/4 of the Explosive Substances Act. In that case, the informant of this case and other persons including Ram Dayal Rai have been made accused. It is stated that in the said case Sheo Jatan Rai the informant of this case and his persons were aggressors. Undoubtedly, there is land dispute between the parties. This is the sum and substance of both the F.I.Rs. The bomb was being carried and threw by Naresh Rai who is not petitioner before this court. The P.O. land in course of inspection by the Investigating Officer was found to be of Naresh Rai. The injury reports of petitioners have been noted down in the case diary. The petitioners were not the assailants of the deceased. Considering the facts and circumstances of the case, the petitioners namely, Megh Nath Rai, Ramashray Rai alias Rameshwar Rai, Mahesh Rai, Sanjay Rai, Rakesh Rai, Akhilesh Kumar alias Akhilesh Rai and Laxmi Rai, are ordered to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in Malsalami P.S. Case No. 213 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)