IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31312 of 2009 Vikram Sah @ Vikram Kumar, Son of Satrudhan Pd. Sah, Resident of Village Jadhua, P.S. Town Hajipur, Distt. Vaishali. -------- Petitioner Versus The State of Bihar ------- Opp. Party ----------- 4 27.11.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner, facing allegation for an offence under Section 392 of the Indian Penal Code, seeks bail on the ground that he was not named in the First Information Report and that nothing has been recovered from his possession so as to show his complicity in the commission of the alleged offence. It has further been submitted that the implication of the petitioner in this case is based only on confessional statement of the co-accused, namely, Sambhu Sah and Suresh Sah. In the opinion of this court, not only the inculpatory extra judicial confession of the aforesaid two accused would stare in the face of the petitioner but the fact that the petitioner had evaded his arrest for a period of nearly five years before being arrested by police itself would be a good ground for rejection of his prayer for bail specially 2 when this Court has also rejected the prayer for bail of the co-accused Bhim Kumar by an order dated 5.8.2009 in Cr. Misc. No. 20871 of 2009. Considering the aforementioned aspects as also the fact that those co-accused, namely Mohan Das, Md. Ejaj @ Nanhe Mian and Shambhu Nath Prasad Chaurasia @ Shambhu Nath Prasad who were released on bail by this Court by the orders contained in Annexure Nos. 2 & 3 to this application had surrendered before the court well in time in the year 2005/06 itself, this Court is not inclined to grant bail to the petitioner, namely, Vikram Sah @ Vikram Kumar for the present till ten months of his further judicial custody. If, however, the trial of the petitioner would not be concluded in the period of aforementioned ten months, the petitioner shall have liberty initially to move the trial court which then would record reasons for not concluding the trial in the aforementioned timeframe whereafter only the petitioner may renew his prayer for bail before this Court. Rsh (Mihir Kumar Jha, J.)