IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20928 of 2011 Kitabuddin Ansari son of Md. Idrish Versus The State Of Bihar ----------- 4. 16.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State and assisted by learned counsel for the informant. Petitioner is languishing in jail custody since 14.03.2011 in a case registered under Sections 302, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act. No doubt, petitioner is named in the First Information Report but it is specific case of the prosecution that one First Information Report named accused namely, Bhushan Yadav fired which hit on the hand of the deceased and after that petitioner and above stated co-accused Bhushan Yadav alongwith two unknown persons made indiscriminate firing on the deceased as a result of which he died then and there. The contention of learned counsel for the petitioner is that in course of investigation, a different story emerged out and that story was supported by the witnesses who stated that the deceased was killed by some unknown persons. It is also pointed out by him that the postmortem report of the deceased does not support the prosecution rather the postmortem report of the deceased supports the story which has emerged out in course of investigation. Learned Additional Public Prosecutor as well as learned counsel for the informant have although opposed the bail petition but 2 they fairly conceded to this fact that deceased had sustained only 3 firer arms injury on his person. Taking into consideration, the facts and circumstances of this case as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10, 000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalgunj, in connection with Vjaipur P.S. Case No.15 of 2011. Saif /- (Hemant Kumar Srivastava, J.)