Banka Mallah @ Bake Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18033 of 2019 Arising Out of PS. Case No.-23 Year-1992 Thana- NAURANGIA District- West Champaran ====================================================== BANKA MALLAH @ BAKE SAHANI Son of Vriksha Mallah Resident of Village - Rakhai Tola Kailasha Nagar, P.S.- Bagaha, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 353, 307 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while informant along with police party reached the place of occurrence and on seeing them, the accused persons surrounded them and started firing on them.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.8.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.18033 of 2019(3) dt.11-04-2019 2/2 The petitioner had no knowledge regarding the alleged occurrence, hence, he has not surrounded in the present case. No one is said to have been injured in the present case. Hence no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M. -II, Bagaha in connection with Naurangia P.S. Case No. 23/1992, Tr. No. 377 of 2018.

(Sudhir Singh, J) Pankaj/- U T