JUDGMENT 1. The only evidence against the accused is that he was seen coming out of a sugar-cane field at 10 p.m. by two persons who challenged him. He tried to run away, but was caught by them. It is found that he is resident of a village near the place where he was arrested. We are of opinion that on these facts we cannot order him to be bound over u/s 109, Criminal P.C. The Government revision is accordingly dismissed and the accused is ordered to be released forthwith.