IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23505 of 2009 1. HARIHAR YADAV 2. SUKAI YADAV ….. PETITIONERS Versus THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 31.07.2009 Heard both sides. Petitioners pray for grant of bail in a case instituted under Sections 147, 148, 149, 324, 307, 364 and 302 of the Indian Penal Code and 27 of the Arms Act. F.I.R. relating to forcible kidnapping/ abduction of the brother of the informant at the hands of the accused persons named in the F.I.R. was lodged on 25.11.1996. The petitioners are in jail custody since 29.7.2008. Learned court below in the impugned order has observed that the petitioners remain absconder for a petty long time. Ultimately they were declared as absconder and permanent non-bailable warrant of arrest were issued sometimes in 2007, this probably caused delay in disposal of Sessions Trial No. 398 of 1997. In the circumstances, noticed above this Court is not inclined to admit them on bail. Prayer for bail is accordingly rejected. However, this Court is persuaded to observe that the trial court shall make endeavor to 2 initiate the trial at the earliest. In case, the trial is not taken up and substantial progress is not achieved within eight months from the date of receipt/communication of this order in the court below, the petitioner shall have liberty to move the trial court itself for grant of bail which shall be considered on its merit without prejudiced by the present order. P.K. (K.K. Mandal, J.)