IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29581 of 2009 GOPAL SINGH, S/o Late Puran Singh, resident of Village-Bhavanpura, P.S. Kharik, District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 3 10/11/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner even named accused for the offences under sections 302/364/34 of the Indian Penal Code and section 27 of the Arms Act of the year 1996 and had remained absconding for a period over 12 years before his being in custody on 1.1.2009, this Court is not inclined to grant bail to the petitioner even though allegation against the petitioner is only of being a member of mob which has done to death of three persons by other three shooters, namely, Banti Singh, Buchi Singh and Aasho Singh. Counsel for the petitioner would submit that when those persons have been acquitted by the trial court due to lack of evidence the petitioner would definitely be entitled to be enlarged on bail. Unfortunately, the petitioner cannot claim privilege of bail only on account of his conduct as there is no explanation of remaining his absconding for a period over 12 years. It has now became trend in a case like this that few accused persons would go to jail and other would keep on absconding for getting the witnesses to became hostile and thereafter surrender to get the second case tried and also completed on the basis of some tainted witnesses on which acquittal is obtained in the separated trial. This Court would not allow 2 such practice to flourish and continue as it is like to erode the very fabric of criminal justice dispensation system. That being so, this Court would reject prayer for bail of the petitioner with a direction to the court below to expedite trial of the petitioner. Abhay Kumar (Mihir Kumar Jha, J.)