IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21753 of 2009 RAM JHA Versus STATE OF BIHAR ----------- 03. 12.08.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under Sections 147, 148, 149 and 302 of the Penal Code and Section 27 of the Arms Act. The date of occurrence in the present case is 13.11.1992. Allegation is that two persons were lifted from the house of the informant and dragged to a nearby field. One of them was however allowed to go. Deceased Bipin was brutally assaulted by means of a ‘kulhari’ by the accused persons named therein including the petitioner that ultimately caused his death. It appears that charge-sheet was submitted in this case on 25.11.1993. The petitioner had by that time not surrendered, and as such, investigation was kept open. It appears that he continued to evade arrest until 02.03.2009, when on the strength of warrant, he was arrested. Impugned order indicates that trial of some of the accused persons was separated and charges were framed therein in the year 1999 but thereafter the case has not proceeded. Learned counsel for the petitioner submits that some of the co-accuseds against whom there are identical allegations have been granted the privilege of bail by this court about 8-10 years ago. 2 Looking to the allegations and the fact that he evaded arrest for about 15 years, this court is not persuaded to admit him to bail. Prayer for bail is, accordingly, rejected. Having regard to the fact that other co-accuseds have been enjoying the privilege of bail, this court observes that if the trial of the petitioner is not concluded by adducing all the prosecution witnesses within 08 months from the date of receipt/communication of a copy of this order in the court below, petitioner shall have liberty to renew prayer for bail. Sym/ (Kishore K. Mandal, J.)