IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38695 of 2009 MD.SAMSIR @ MD.SAMSHIR ALI, SON OF LATE MD. SALIM, RESIDENT OF SAHARSA BASTI, WARD NO.38, POLICE STATION SAHARSA, DISTRICT SAHARSA……….PETITIONER. Versus THE STATE OF BIHAR………………………..OPPOSITE PARTY. --------- For the Petitioner : M/s. Kanhaiya Prasad Singh, Sr. Advocate and Satish Kumar Singh, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. --------- 2. 11.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 147, 148, 149, 387 and 302 of the Indian Penal Code. As per the prosecution case, it is alleged that several persons including the petitioner demanded ransom and assaulted upon the deceased causing his death. It has been submitted on behalf of the petitioner that it would be manifest from the First Information Report itself that the allegation on the petitioner is of firing and other persons had assaulted him with farsa, lathi, danda etc. - 2 - The post-mortem report has been appended as Annexure’2’ to this application which discloses that there is no fire arm injury upon the deceased and the cause of death has been shown to be injury upon the temporal region on head caused by hard and blunt substance. Thus, it is submitted that the allegation with regard to the petitioner is not supported by the post-mortem report. It is stated that several other co- accused persons have been granted anticipatory bail by a Bench of this Court. Learned counsel for the petitioner has produced the certified copy of the aforesaid order. Let it be kept on record. It has also been submitted that there had been case and a counter case and on the same date another F.I.R. had been lodged on behalf of the side of the petitioner and it is stated that co-accused Astfir had received injury. It is submitted on behalf of the State that the petitioner alongwith co-accused Astfir and others had assaulted the deceased, however, the allegation is upon the petitioner of resorting to firing whereas others had assaulted by lathi, danda, farsa etc. and the post-mortem report shows injury caused by hard and blunt substance only. Having regard to the facts and the circumstances of - 3 - the case, the petitioner, Md. Samsir @ Md. Samshir Ali, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No.260 of 2009. P.S. (Dr. Ravi Ranjan,J)