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Patna High Court – Orders
Bankey Mallah @ Bankey Choudhary vs The State Of Bihar on 18 March, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.30692 of 2010
BANKEY MALLAH @ BANKEY CHOUDHARY, SON OF LATE BIRCHHA CHOUDHARY,
RESIDENT OF VILLAGE-SHASTRINAGAR, P.S.-BAGAHA, DISTRICT-WEST
CHAMPARAN.
                                                           .....Petitioner.
                               Versus
THE STATE OF BIHAR                                     .....Opposite Party.

For the Petitioner                     : Mr. Vijay Kumar Singh No.I, Advocate
For the State                          : APP.
                                       -----------

05/ 18.03.2011 Heard learned Counsel for the

petitioner and learned Counsel appearing on

behalf of the State.

The petitioner seeks bail in a

case which has been registered against 10-

15 unknown under Section 364 of the Indian

Penal Code. Subsequently, dead body of the

victim was recovered and Section 302 of the

Indian Penal Code was added.

Submission is that though the

petitioner is not named in the First

Information Report but he has not been put

on test identification parade and also no

witness has seen him while committing the

crime either kidnapping or murder. He has

been roped in only due to previous enmity.

Though, he is in custody since 22.07.2005

but in view of the report of the Second

Additional Sessions Judge, Bagaha, West
2

Champaran it is apparent that the trial is

not likely to be concluded in near future.

Considering the facts and

circumstances of the case, let the above

named petitioner 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

learned 2nd Additional Sessions Judge/court

concerned, Bagaha, West Champaran in

connection with Sessions Trial No. 91 of

2006 arising out of Naurangiya P.S. Case

No. 25 of 1991.

(Shyam Kishore Sharma, J.)
kksinha/-


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