IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4415 of 2009 MD.SADHULLAH @ MD.SHAHDULLAH @ BECHU S/O MD. FARUK, R/O VILLAGE- KURUDIH, P.S.- GOREADIH, DISTRICT- BHAGALPUR Versus STATE OF BIHAR ----------- 3 17/04/2009 Heard learned counsel for the petitioner and State. The petitioner is an accused of a case which has been registered under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. The informant is not the witness to the occurrence but he has come to know through three persons namely, Md. Sarfraj, Md. Abdul Badud and Md. Esauddin who told that the informant’s brother was shot dead by this petitioner and another. Allegation against the petitioner is of causing firearm injury near the chest whereas second fatal injury was given by Md. Abdullah who has fired upon the nose. The inquest report mentions that the injury is caused by firearms when the dead body was sent for post mortem. The doctor has opined that the second injury which is attributed to the petitioner ‘was not caused by firearm as mentioned in the inquest’ rather it was caused by some blunt pointed object. Learned counsel for the informant opposed the prayer for bail of the petitioner and submits that three witnesses have supported the prosecution case during investigation that the petitioner has caused fire arm injury. - 2 - Considering the contradictions between the inquest report, post mortem report and the statement of three witnesses, the petitioner Md. Sadhullah @ Md. Shahdullah @ Bechu is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. No. 2, Bhagalpur in S. T. No. 1120 of 2008 arising out of Jagdishpur P.S,. Case No. 133 of 2008. avin (Shyam Kishore Sharma, J.)