IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2954 of 2011
MD. GAYASUDDIN @ PAPPU
Versus
THE STATE OF BIHAR
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02 11.03.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is languishing in jail custody since
10.06.2010 in connection with Bettiah Muffasil P.S. Case No. 176
of 2010 registered under Section 302 and other minor Sections of
the Indian Penal Code.
Allegedly, petitioner along with two persons,
namely, Nasruddin and Kistu @ Abusaif assaulted the deceased
with Gupti and, thereafter, one Jafir Alam also assaulted the
deceased.
Learned counsel for the petitioner submits that in
course of post mortem examination four injuries were found on the
person of the deceased and only one injury was found fatal for the
deceased and it is not specific as to who is the author of the
aforesaid fatal injury. Moreover, omnibus allegation of assault has
been levelled against the petitioner. He also points out that father
of the petitioner had filed two cases against the deceased. So, there
was enmity between the parties at the time of the alleged
occurrence.
Taking into consideration the above stated
submissions as well as this aspect of the matter that it is not clear
as to who is the author of aforesaid fatal injury of the deceased, let
the petitioner be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount each
to the satisfaction of Chief Judicial Magistrate, West Champaran,
Bettiah in connection with above stated Bettiah Muffasil P.S. Case
No. 176 of 2010.
Shahzad (Hemant Kumar Srivastava, J )