IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22339 of 2011 Wed Prakash Deepak @ Munnu @ Ved Prakash Deepak, Son of Vakil Pandey. Versus The State Of Bihar ----------- 3 23.09.2011 A supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for State assisted by learned counsel for the informant. Petitioner is in jail in connection with a case registered under Section 302 and other minor section of the Indian Penal Code and 27 of the Arms Act. Petitioner is said to have opened fire on deceased as a result of which deceased sustained fire arm injury on his abdomen and died on his way while he was being taken to hospital for treatment. The contention of learned counsel for the petitioner is that one Navin Kumar Pandey had purchased Plot No. 1229 by two sale deeds in the month of January, 2010 and swon paddy crop on the aforesaid land but, subsequently, the prosecution party purchased the above stated land from the brother of vendor of the aforesaid Navin Kumar Pandey and tried to take possession of the aforesaid land forcibly and in that course protest was made and accidentally, deceased sustained fire arm injury on his abdomen. So the aforesaid fact clearly goes to show that prosecution party was aggressor. 2 On the other hand, learned counsel appearing for the informant submits that the fire was made from a very close range which is evident from the post mortem report of the deceased, so it cannot said that the aforesaid fire was made in self defense. Considering the submissions of the parties as well as facts and circumstances of the case, I do not feel it proper to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Turkawalia P.S. Case No. 320 of 2010 pending in the Court of Chief Judicial Magistrate, East Champaran, Motihari is, hereby, rejected. Md. Ibrarul ( Hemant Kumar Srivastava, J.)