Kitabuddin Ansari vs The State Of Bihar on 16 September, 2011

Patna High Court – Orders
Kitabuddin Ansari vs The State Of Bihar on 16 September, 2011
                               Cr.Misc. No.20928 of 2011
                            Kitabuddin Ansari son of Md. Idrish
                                    The State Of Bihar

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

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 /-

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