IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41134 of 2009 GORELAL SADA son of late Bhadey Sada, Resident of village Mohanpur, Police Station Khagaria (Morkahi), District Khagaria. Versus STATE OF BIAHR ----------- 2 1/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 395/397 of the Indian Penal Code and though named in the First Information Report lodged in the year 2003 he has remained absconding for a period over six years as is clearly noted in the impugned order rejecting his prayer for bail. Counsel for the petitioner however would submit that there was nothing specifically alleged against the petitioner and in fact other co-accused persons have already been released on bail. He would also submit that the co-accused Md. Kalim having identical allegation was released on bail on 14.2.2007. In the opinion of this Court the petitioner will not be entitled for bail only on the ground of his absconding for the period over six years. It is to be noted that the petitioner also has not stated about criminal antecedent in the bail application and has only tried to refer an affidavit in the impugned order to show that he was also made accused in one more criminal case. The fact that other co-accused had surrendered at earlier point of time and granted bail i.e. Bhanu Sada on 28.2.2005 as also Md. Kalim on 14.2.2007 would not mean that the petitioner a named accused in the F.I.R. will have a license to remain 2 absconding for a period over six years. That being so, this Court is not inclined to grant bail to the petitioner and therefore while rejecting his prayer for bail this Court would direct the court below to ensure that the trial of the petitioner is expedited. Abhay Kumar (Mihir Kumar Jha, J.)