IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38748 of 2009 MD.GYASH SON OF NAZIR @ MD. NAZIR, RESIDENT OF VILLAGE PACHGACHHIYA PACHHIYARI MUSLIM TOLA, POLICE STATION GOPALPUR, DISTRICT BHAGALPUR… . …PETITIONER Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Shivendra Kumar Sinha, Advocate For the State: Mr. R.P.S. Singh, A.P.P. ----------- 5 18.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that as per the allegation set up in the first information report, co- accused Md. Nazir had fired upon the head of the deceased and was found pointing his pistol towards him. The allegation against the petitioner and other co-accused persons is that they were fully armed and had encircled the deceased and the petitioner uttered that “now the deceased has died let us go” and then he fled away along with other co-accused persons. There is admittedly land dispute between the parties. The petitioner is stated to be in jail custody since 01.12.2008. Thus, it is submitted on behalf 2 of the petitioner that specific allegation of firing upon the deceased, according to the FIR, is on co-accused Md. Nazir. Learned counsel for the State submitted that the petitioner is named in the first information report and he along with other co-accused persons had encircled the deceased. However, according to the prosecution case, it was co-accused Md. Nazir, who had fired upon the deceased and was found pointing his pistol upon the head of the deceased. During the course of investigation, the same version has been stated by the witnesses. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Md. Gyash, to 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 the Additional Chief Judicial Magistrate, Naugachia in Gopalpur Police Station Case No. 206 of 2008. SC ( Dr. Ravi Ranjan, J.)