IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20882 of 2009 BRAHAMDEO KAHAR Versus STATE OF BIHAR ----------- 02 30.06.2009 Heard both sides. The sole petitioner seeks regular bail in a case instituted under Section 395 of the Penal Code in relation to an occurrence that had taken place in December 1993. As per allegation in the F.I.R., 15 persons had tried to commit dacoity. It is further alleged in the F.I.R. itself that the starter of the electric motor fitted in the field was taken away by the accused persons. The informant, however, claims to have identified the petitioner and one Balchand Bhuiya as the accused amongst the 14-15 persons. It is contended that aforesaid co-accused Balchand Bhuiya has already been tried and acquitted by the learned Trial Court. It is further contended that the petitioner was declared absconder on 06.05.2008, and immediately thereafter, he was arrested on 06.12.2008 and since then he is in custody. Learned A.P.P. appearing on behalf of the State, on the contrary, opposed the prayer for bail and submitted that the petitioner was evading arrest for a pretty long time, therefore, he does not deserve the privilege of bail. From the impugned order, it appears that the trial of the present case is under way in as much as charges have already 2 been framed. Having regard to the facts available on record, this Court while rejecting the prayer for bail observes as under: Let the learned Trial Court make endeavour to conclude the trial itself on or before 31st of October 2009, failing which the trial court shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, III, Nawada in connection with Rajauli P.S.Case No. 187 of 1993, arising out of S. Tr. No. 21 of 2009/107 of 2009. In the event the petitioner is granted bail in terms of the aforesaid order, the same shall be subject to the following conditions: (a) One of the bailors should be the own/close family member of the petitioner (b) The petitioner shall appear in person on the date fixed at the trial. In the event of default in such appearance on two consecutive dates, the learned trial Court shall have liberty to cancel his bail bond and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.) 3