IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2450 of 2009 MD.JALIL @ JALIL MIAN, Son of Late Tulsi Mian, resident of Village- Jamuniya, P.S. Parbatta(Naugachia), District- Bhagalpur…Petitioner. Versus The State of Bihar………………………………………Opposite Party. ----------- 3. 17.04.2009. Heard learned counsel for the petitioner Md. Jalil alias Jalil Mian, who is in custody since 4.2.2008 in connection with Naugachia(Pabatta) P.S. Case No. 29 of 1986 registered under Sections 394/302 of the Indian Penal Code. The allegation against the petitioner is of having embraced Mahavir Sah in a manner to render him immobile to allow Puliya Mian to fire at him and at the relevant time co-accused Kailash Dhanuk was also present there. The submission on behalf of the petitioner is that he is innocent and has been falsely implicated in this case, four days after the occurrence took place only on the statement of two co-villagers who have supported in paragraph nos.21 and 23 of the case diary and these two witnesses have not alleged any overt act against the petitioner. Be that as it may, the fact remains that a case of the year 1986 is still pending conclusion even after the passage of 23 long years primarily on the ground of the petitioner having made himself scarce by reason whereof no progress can be made in this case. The petitioner was eventually arrested on 4.2.2008 and brought in connection with this case. That by itself is ground enough to reject the prayer for bail at the present moment, since I am apprehensive that - 2 - once he is enlarged on bail, he will again make himself scarce, which will not permit the conclusion of the trial. In the facts and circumstances of the case, the prayer for bail of the petitioner is, accordingly, rejected. U.K. (Abhijit Sinha,J)