High Court Patna High Court - Orders

Md. Gayasuddin @ Pappu vs The State Of Bihar on 11 March, 2011

Patna High Court – Orders
Md. Gayasuddin @ Pappu vs The State Of Bihar on 11 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.2954 of 2011
                             MD. GAYASUDDIN @ PAPPU
                                           Versus
                                THE STATE OF BIHAR
                                         -----------

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 )