IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27230 of 2009 AJAY YADAV Versus STATE OF BIHAR ----------- 2. 19.08.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under section 302/34 IPC including section 27 of the Arms Act. The allegation as per the FIR is that the petitioner along with the co-accused Hariballabh Yadav arrived at the place of the victim. They demanded milk which was refused, whereafter co-accused Hariballabh Yadav fired from his rifle causing instantaneous death of the victim. From the impugned order, it appears that this petitioner remained absconder for several years. Resultantly, the trial of another co-accused was separated. It further appears that the said trial has already been disposed of in the year 2006 itself. The petitioner appears to be in custody since 20.02.2009. Having regard to the allegation and the fact that the petitioner remained absconder for about 6-7 years, this Court is not persuaded to admit him to bail. His prayer for bail is, accordingly, rejected. However, looking to the fact that the petitioner is not the assailant, this Court is persuaded to observe that if the trial of the case not concluded by examining all the 2 prosecution witnesses within seven months from the date of receipt/communication of the order in the court below, the petitioner shall have liberty to renew his prayer for bail. hr ( Kishore K. Mandal )