IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35405 of 2010 1. RAMDEO YADAV son of Late Janadar Yadav @ Faudar Yadav. 2. Sita Ram Yadav son of Late Gopee Yadav. … petitioners. Versus STATE OF BIHAR ----------- 2. 28.10.2010 Having heard learned counsel for the petitioners and learned counsel for the State as also taking into account that the prayer for anticipatory bail of the petitioners was earlier rejected by order dated 8.5.2009 in Cr. Misc. No. 4066 of 2009, this Court is not inclined to reconsider the prayer for grant of anticipatory bail of the petitioners on merits, specially when they despite being named accused in the F.I.R. for offences under Section 307 and 302 and allied Sections of Indian Penal Code have been absconding for more than last three years including one and half year even from the date of rejection of their prayer for anticipatory bail on 8.5.2009. The submission of learned counsel for the petitioners that Police in the final form dated 8.12.2007 had not concluded its investigation against the petitioners, and that the petitioner no. 1 is aged about 70 years or that co-accused Ramdeo Singh had been granted anticipatory bail on 12.12.2008 in Cr. Misc. No. 43531 of 2008 are 2 definitely not fresh materials as all these facts were available when learned counsel for the petitioners had earlier pressed the anticipatory bail of the petitioners and had got it dismissed as withdrawn as recorded in the aforesaid order dated 8.5.2009. That being so, the prayer for anticipatory bail of the petitioners is hereby once again rejected now with an observation that if the petitioners would surrender in the court below within a period of one month from today, their prayer for regular bail would be considered preferably on the same day without being prejudiced by this order. kanchan (Mihir Kumar Jha, J.)