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
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.)