IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2555 of 2010 SANTOSH KUMAR SAH @ PINKU KUMAR, son of Sri Subhash Chandra Sah, resident of K.B.Lal Road, Opp. Nathnagar, P.S.-Nathnagar, Bhagalpur. .. Petitioner Versus THE STATE OF BIHAR .. Opp. Party ----------- For the Petitioner : Mr. Krishna Moha, Advocate For the State : Mr. Rajendra Singh Shastry, Addl.P.P. ------------- 03/ 14-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 328, 302 and 120B of the Indian Penal Code, petitioner is not named in the FIR as an accused, though three other persons are specifically named as accused. From perusal of the FIR vide Annexure-1, it appears that occurrence in question took place on 02-01-2009 and written report was submitted on 03-01-2009, but formal FIR was drawn up on 25-05-2009 after receipt of the viscera report. From perusal of the FIR it further transpires that the deceased (husband of the informant) died in an unnatural circumstance, while he was returning from Calcutta by a train. During the course of investigation suspicion was raised against the petitioner also on the ground that the deceased along with other FIR named accused persons as also this petitioner took excessive wine and when the deceased was in drunken condition, some stupefying material was allegedly mixed into the wine, resulting into his death. It is submitted by the learned counsel for the petitioner that the petitioner had no motive to participate in the crime in 2 question and the persons, who are named in the FIR, have already been granted regular bail. In the aforesaid facts and circumstances, as there is no direct material to show the involvement of the petitioner in the commission of crime in question, save and except suspicion, in the event of arrest/surrender within a period of four weeks from today in Katihar Rail P.S.Case No.35 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Katihar, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)