IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57577 of 2007 RAM NIWAS PANDEY Versus STATE OF BIHAR ******** 3 13.05.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. This is an application for bail on behalf of the petitioner Ram Niwas Pandey who is an accused in a case under Section 397 of the Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioner submits that the petitioner was not named in the First Information Report and infact his name came later on and after acquiring knowledge he has surrendered in this case on 18.04.2007. He further submits that in the case there is nothing to connect him with the alleged offence, he should be enlarged on bail because he is already in custody for more than 13 months. The A.P.P. with the help of the case diary points out that this is a case of bank dacoity where Rs. Four lacs was looted from the State Bank of India, Nokha Branch way back in the year 1992 and a criminal case was pending since then. It has also been pointed out that the petitioner was chargesheeted in the year 1995 showing him to be absconder. The police had also taken recourse of 2 Section 82-83 of the Code of Criminal Procedure by attaching the property and even then the petitioner was absconding from 1995 to 2007 i.e. for a period of 12 years. In view of the fact that the petitioner has been caught hold of (even by way of surrender) after 12 years of his being declared absconder, this Court is not inclined to grant him bail and accordingly the prayer for bail on behalf of the petitioner Ram Niwas Pandey is hereby rejected. However, the Trial Court is directed to conclude the trial of the petitioner within one year from today. In case, the trial of the petitioner is not concluded within the aforementioned period, the petitioner will initially move the Trial Court seeking regular bail and the Trial Court will be obliged to spell out the reasons for not concluding the trial and only thereafter the petitioner may move this Court. The case diary which has been received in this case must be immediately sent back to the Trial Court. Anand (Mihir Kumar Jha, J.)