IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.131 of 2011 Shiv Nandan Yadav, son of Ram Gulam Yadav, resident of Village-Dumarkola, P.S. Khaira, District-Jamui. ………………………………………………………...Appellant. Versus 1. The State Of Bihar. 2. Tilo Yadav. 3. Mato Yadav. Both sons of Late Huro Yadav. 4. Upendra Yadav, son of Sri Mato Yadav. 5. Ravindra Yadav, son of Salaldeo Yadav. All resident of village-Dumarkola, P.S. Khailra, District- Jamui. ………………………………………………Respondents. ----------- 4. 6.7.2011. Heard learned counsel for the appellant and the State. The appellant is aggrieved by the judgment dated 23rd of September, 2010 passed in Sessions Case No.491 of 1996 relating to G.R. Case No.790 of 1999 under Khaira P.S. Case No.81 dated 12.8.1994, whereby the Respondent Nos.2 to 5 were acquitted for the charges under Sections 148, 149, 323, 324 and 307 of the Indian Penal Code and also under Sections 3/4 of the Explosive Substance Act by the Additional Sessions Judge, Fast Track Court No.IV, Jamui. It appears that there was a case and counter 2 case. Though the prosecution case does not mention anything about the counter version but the judgment discusses the case and counter case. The counter case has resulted in Sessions Case No.601 of 1995 and it relates to Khaira P.S. Case No.80 of 1994. The Investigating Officer of the case in course of investigation has found that the alleged occurrence took place near the paddy seedling lands of accused- Respondent No.2, Tilo Yadav. Further, it has also come in the evidence that Tilo Yadav was arrested in Khaira Hospital in injured condition. This fact was not brought on record by the prosecution. There was allegation of assaulting the informant and others and of exploding bombs and causing injury to them against the Respondent Nos.2 to 5 but the I.O. who has visited the place of occurrence has also not found any remnants of explosive device at the place of occurrence and he has also not found any blood there. These are the enough grounds to disbelieve the prosecution case. The court below under such circumstances has given a correct judgment in disbelieving the case of the prosecution. 3 As a result, we find no merit in this appeal and it is, accordingly, dismissed. P.S. (Shyam Kishore Sharma, J) (Rajendra Kumar Mishra, J)