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. kksinha/- (Shyam Kishore Sharma, J.)