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 )