IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.222 of 2011 MD. NEYAZ @ MD. NEYAJ, son of Md. Shamsul Versus THE STATE OF BIHAR ----------- 2 03.02.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Bihpur Rail P.S. Case No. 13 of 2010 registered under Sections 302, 328 and 120B of the I.P.C. It would appear from perusal of First Information Report that only suspicion has been raised against the petitioner on the ground that he had not taken wine along with deceased persons, though the petitioner was present there when the deceased persons were taking wine. The impugned order of learned Sessions Judge reveals that in course of investigation one Pinki Devi has stated that deceased Shambhu Kumar got his business done through the petitioner and he had given the petitioner substantial amount to purchase potato. But the petitioner committed the alleged crime to digest the aforesaid amount. It appears from the above 2 stated statement that the said Pinki Devi is not an eye witness of the alleged occurrence and she has also raised only suspicion against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties petitioner, namely, Md. Neyaz @ Md. Neyaj is directed to 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 learned Railway Judicial Magistrate, Khagaria in connection with above stated Bihpur Rail P.S. Case No. 13 of 2010. PN ( Hemant Kumar Srivastava,J.)