IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35694 of 2009 HAMED @ HAMID, Son of Kaltu, resident of Village- Chheta, Police Station- Barsoi, District- Katihar....................Petitioner. Versus THE STATE OF BIHAR......................................Opposite Party. ----------- 2. 27.10.2009. Heard Mr. Najmul Hoda, learned counsel appearing on behalf of the petitioner and the learned counsel for the State. The petitioner is facing prosecution for the offence under Section 307 and other allied Sections of the Indian Penal Code in relation to an offence which was committed in the year 1996. The petitioner a named accused in F.I.R., however, remained absconding and even the charge sheet had been submitted against him showing him as an absconder in the year 2003. The trial, therefore, had also been delayed due to his conduct. Later, the trial was separated on account of the petitioner not surrendering and the Sessions Trial no. 403 of 1996 has ended in acquittal of the co-accused. Nevertheless, the prosecution will have to be carried out against the petitioner in another trial and all these only because the petitioner remained absconding from the year 1996. Mr. Hoda, however, submitted that the petitioner is a poor person and that he had settled in Mumbai and when eventually after thirteen years he came to know about his involvement in this case, he had surrendered All these are by way of lame explanation which do 2 not inspire any confidence because had the petitioner already settled in Mumbai there was no question of his absconding and later on surrendering only to get the benefit of the earlier trial ending in acquittal. That being so, this Court is not inclined to grant bail to the petitioner for the present as he is in custody since 5.8.2009 only and, therefore, the petitioner may renew his prayer for bail before the trial court on completion of one year of his judicial custody i.e., on or after 5.8.2010 and, in the event, the trial of the petitioner would not be concluded by that time solely due to the laches on the part of the prosecution, the trial court itself would release the petitioner on bail on any reasonable terms and conditions ensuring the presence of the petitioner in course of such trial. U.K. (Mihir Kumar Jha,J)