IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23966 of 2011 Pir Mohammad @ Najaru Versus The State Of Bihar ----------- 03/ 19.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 12.5.2011 in a case registered under sections 341,323, 324 and 302/34 of the IPC. Petitioner is named in the first information report and the informant claimed that when he reached near the place of the occurrence, he saw the petitioner carrying a bloodstained lathi in his hand and in course of investigation some witnesses also stated this fact that the petitioner and other FIR named accused persons took away the deceased and assaulted him with different weapons but submission on behalf of the petitioner is that in course of investigation informant filed a protest petition and the aforesaid petition does not contain the name of the petitioner as participant in the alleged crime. Para 34 of the case diary reveals that the deceased sustained three injuries on his person and on dissection his skull was found fractured. Furthermore, the aforesaid post mortem report reveals that the deceased sustained only three injuries whereas four persons have been made accused in the present case. So, it is not clear as to which of the accused had given fatal blow to the deceased. Accordingly, petitioner, Pir Mohammad @ Najaru, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the 2 satisfaction of the Chief Judicial Magistrate, Siwan in Siwan Town P.S. Case no. 107/2011. shahid (Hemant Kumar Srivastava,J) s