IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37958 of 2009 MD.SABBIR, Son of Md. Haider Ali, resident of Mohalla- Moghalpura, P.S. Laheriasarai, District- Darbhanga....................................Petitioner. Versus THE STATE OF BIHAR.....................................................Respondents. ----------- 03. 16.12.2009. Heard the learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Darbhanga Rail G.R. P. P.S. Case No. 28 of 2009 for offence punishable under Sections 364, 302, 201,379 and 120(B) of the Indian Penal Code. The allegation against the petitioner is of settling the Bolero Car on hire on 21.03.2009 which was being driven by the husband of the informant and since thereafter the husband became untraceable and subsequently the dead body was found. Learned counsel appearing on behalf of the petitioner submits that except the allegation of facilitating the hiring of the Bolero Car driven by the husband of the informant nothing has come up against this petitioner during the course of investigation. Learned counsel submits that even perusal of the statement of the co-accused arrested in the present case does not indict the present petitioner and that he has been merely roped in the present proceedings by way of suspicion. Learned counsel refers to the statement made by one of the co-accused Md. Tufail and who has explained the manner in which the death of the husband of the informant had been 2 caused. He submits that no where the name of the petitioner has been stated by the said Md. Tufail. He submits that four persons have been arrested in the present case and none of them have named the present petitioner. Having regard to the facts and circumstances set forth, let the petitioner Md. Sabbir 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 Railway Judicial Magistrate at Samastipur in connection with Darbhanga G.R.P. Rail P.S. Case No. 28 of 2009. U.K. (Jyoti Saran,J)