IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20928 of 2011
Kitabuddin Ansari son of Md. Idrish
Versus
The State Of Bihar
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4. 16.09.2011 Heard learned counsel for the petitioner as well as learned
Additional Public Prosecutor for the State and assisted by learned
counsel for the informant.
Petitioner is languishing in jail custody since 14.03.2011 in
a case registered under Sections 302, 34, 120B of the Indian Penal Code
and Section 27 of the Arms Act.
No doubt, petitioner is named in the First Information
Report but it is specific case of the prosecution that one First
Information Report named accused namely, Bhushan Yadav fired which
hit on the hand of the deceased and after that petitioner and above stated
co-accused Bhushan Yadav alongwith two unknown persons made
indiscriminate firing on the deceased as a result of which he died then
and there.
The contention of learned counsel for the petitioner is that in
course of investigation, a different story emerged out and that story was
supported by the witnesses who stated that the deceased was killed by
some unknown persons. It is also pointed out by him that the
postmortem report of the deceased does not support the prosecution
rather the postmortem report of the deceased supports the story which
has emerged out in course of investigation.
Learned Additional Public Prosecutor as well as learned
counsel for the informant have although opposed the bail petition but
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they fairly conceded to this fact that deceased had sustained only 3 firer
arms injury on his person.
Taking into consideration, the facts and circumstances of
this case as well as submissions of the parties, let the petitioner be
released on bail on furnishing bail bonds of Rs. 10, 000/-(ten thousand)
with two sureties of the like amount each to the satisfaction of the Chief
Judicial Magistrate, Gopalgunj, in connection with Vjaipur P.S. Case
No.15 of 2011.
(Hemant Kumar Srivastava, J.)
Saif /-