IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41139 of 2009 MANOJ KUMAR @ MANOJ KUMAR SINGH son of Ram Jatan Singh, resident of village Bikrampur, P.S. Cheriabariyarpur, District Begusrai. Versus STATE OF BIHAR With Cr. Misc. No.41140 of 2009 Sandeep Kumar Son of Sahjanand Singh, resident of Village Katarmala, P.S. Neemachandpura, District Begusrai. Versus STATE OF BIHAR ----------- 2 1/12/2009 Heard counsel for the petitioners and counsel for the State in both the cases. The petitioner are facing prosecution for the offence under sections 302/201/34 of the Indian Penal Code and though the F.I.R. was lodged against unknown persons, the complicity of the petitioners has been found in course of investigation, wherein it is said that the deceased lady was done to death due to the combined efforts of the petitioners as also other co-accused persons. Counsel for the petitioners submits that baring the stray reference to the petitioner Sandeep Kumar driving the fateful vehicle having the deceased lady and other co-accused persons seated therein or the petitioner Manoj Kumar to be seen in the company of the deceased lady with other co-accused persons, nothing has been found so as to directly involve the petitioners and therefore when co- accused, namely, Rajesh Kumar, Amresh Kumar Singh and Biresh Kumar Singh have already been released on bail by this Court, the petitioners would also deserve to be enlarged on bail. 2 In the opinion of this Court, the only thing which at present would go against the petitioners in this case is that they were absconding for a period of nearly three years even when other co- accused person like the petitioners had surrendered much earlier and were granted bail by this court. Added to it this court would find there is no clear averment as with regard to criminal antecedent of the petitioner in the bail application and it is only orally submitted while petitioner Sandeep Kumar has no criminal antecedent, the petitioner Manoj Kumar Singh is accused in a few earlier criminal cases. In that view of the matter, while rejecting prayer for bail of both the petitioners, namely, Manoj Kumar @ Manoj Kumar Singh (petitioner in Cr.Misc. No.41139/2009) and Sandeep kumar (petitioner in Cr. Misc. No.41140/2009) for the present, this Court would give liberty to petitioner Sandeep kumar to renew his prayer for bail after completing six months of his judicial custody, whereas, petitioner Manoj Kumar @ Manoj Kumar Singh will have the same liberty but only after completing one year of his judicial custody and that too by making a clear statement with regard to their respective criminal antecedent. Abhay Kumar (Mihir Kumar Jha, J.)