IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.973 of 2011 UPENDRA RAI, SON OF RAM BABU RAI, RESIDENT OF VILLAGE- BAHADURNAGAR, P.S.-BANGARA, DISTRICT-SAMASTIPUR. ………..Petitioner. Versus THE STATE OF BIHAR ----------- 2 12.01.2011 Heard learned counsels appearing on behalf of the petitioner and the State. The petitioner is languishing in custody since 29.11.2010 in a case registered under Sections 364, 379,/34 of the I.P.C. It is alleged that the informant’s Bolero Jeep along with driver was taken away by the miscreants and subsequently the dead body of the driver was found for which the separate case was registered. The vehicle was recovered from the possession of one Daya Shankar Kumar. On the confession of Daya Shankar Kumar and Nanhku Paswan before the police it transpired that from the deceased mobile the call was made on the mobile of this petitioner. The impugned order suggests that only Nanhku Paswan was charge sheeted and the investigation is pending against other accused persons. In para-14 Statement has been made that the 2 petitioner has been no criminal antecedent. Considering the fact that only circumstantial nature of the evidence is collected against the petitioner and still the investigation is pending, let the petitioner above named 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 Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) P.S. Case No.371 of 2010. PN ( Dinesh Kumar Singh,J.)