IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17973 of 2011 Sushil Mallah @ Nandu Mallah Versus The State Of Bihar ----------- 03/ 16.12.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 2.2.2011 in a case registered under sections 147, 148, 149, 307, 353, 120B of the IPC and 27 of the Arms Act. According to the prosecution case alleged occurrence took place in the year 1996 whereas petitioner could be remanded in this case on 2.2.2011. Learned counsel for the petitioner submits that petitioner was in jail custody since 27.2.2002 in connection with other case and he was remanded in the present case on 2.2.2011. It is also contended by him that name of the petitioner has come in this case in the confessional statement of co–accused and except suspicion, there is nothing against the petitioner and moreover, there is no allegation of any specific overt-act against the petitioner. The Officer Incharge of Adhaura police station has reported vide letter dated 7.10.2011 that three cases have been registered against the petitioner in Adhaura police station and it appears from the aforesaid report that almost all the aforesaid cases were registered either in the year 1996 or in the year 1997. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Sushil Mallah @ Nandu - 2 - Mallah, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Adhaura P.S. Case no. 22/1996 subject to condition that one of the sureties must be family member of the petitioner. shahid (Hemant Kumar Srivastava,J)