IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26166 of 2009 BINOD SINGH, son of Surya Singh, resident of village Sikanderpur, P.S. Sangrampur, District East Champaran at Motihari Versus STATE OF BIHAR ----------- 2. 2.9.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner, a named accused for alleged offence u/ss 363, 369, 120B I.P.C. having remained absconding for a period of nearly six years, has sought bail in this case only on the ground that the boy had already been recovered on the following morning and that the petitioner was falsely implicated. It has also been submitted that the other co-accused persons, who were named in 164 Cr.P.C. statement by the victim boy to be the persons having taken part in his kidnapping, such as Sanjay, Ranjeet Singh, Sunil Singh, have been directed to be released on bail by different orders of this Court, as mentioned in paragraph 7 of the bail application. It would appear that all the aforementioned three persons had respected the law and had at least surrendered before the court in the year 2006-07 and they were 2 granted bail way back in the month of February/ April, 2007. On the other hand, the petitioner has remained absconding for a period of six years though named in the F.I.R. and therefore, his case would not stand on same footing as that of all the other three persons. The petitioner is in custody only since 1.4.2009 and therefore, he should renew his prayer after completing one year in judicial custody. With the aforementioned observations, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/