IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26147 of 2009 1. Suresh Paswan, Son of Ramadhin Paswan. 2. Kapildeo Paswan, Son of late Raji Paswan. Both are resident of Village Jainagar, P.S. Bhargama, District Araria. ------- Petitioners Versus The State of Bihar ------- Opp. Party ----------- 3 16.10.2009 Heard counsel for the petitioners and counsel for the State. The omnibus allegation against the petitioners for offence under Section 302 of the Indian Penal Code even if accepted at its face value, they could be released on bail but their conduct of absconding for a period of nearly eleven years despite being named in the F.I.R. followed by a charge-sheet would not entitle them for being granted bail for the present. The petitioners are in custody since 17th and 19th March of 2009 respectively and therefore, if the trial of the petitioners would not be completed within next six months from the date of receipt/production of a copy of this order, they will have a liberty to move the trial court with a prayer for bail and the trial court if it satisfied that there is no laches on the part of the defence and 2 the trial could not be concluded on account of the delay totally attributable to the prosecution, it would direct for release of the petitioners on bail on any reasonable condition including securing their presence on day-to-day basis in accordance with law. If the prayer for bail of the petitioners before the trial court is rejected after their completion of one year of judicial custody in the manner as indicated above, the petitioners will have liberty to move this Court for bail. Let a copy of this order be sent through FAX if the cost thereof is deposited by the petitioners. Rsh (Mihir Kumar Jha, J.)