IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20594 of 2009 ASHOK RAI Versus STATE OF BIHAR ----------- 2 24.06.2009 Heard both sides. Petitioner is accused in Saraiya P.S. case no. 277 of 2000 instituted under section 392 of Indian Penal Code. As per allegation in the F.I.R., the informant was robbed of his motorcycle and cash on gun point by the miscreants while he was going back home. Petitioner has been named by him on the basis of disclosures made by the villagers who assembled soon after the occurrence. Learned counsel for the petitioner submits that he has been falsely implicated in this case owing to political rivalry. It is further submitted that the motorcycle left behind by the miscreants, in fact, belonged to Ram Iqbal Prasad. It is further contended that the petitioner is in custody since 4.3.2008 Learned A.P.P. appearing on behalf of the State opposed the prayer and submitted that the petitioner is named in the F.I.R. The case is related to the year 2000 but the petitioner evaded arrest for about 8 years. This Court finds that the aforesaid point has been taken note of by the learned Sessions Judge as well. It is further pointed out in the impugned order that several witnesses have supported the participation of the petitioner in the alleged offence. Having considered the submissions and after going 2 through the records, this court is not inclined to admit the petitioner to bail. His prayer for bail stands rejected. However, having regard to the fact that he is in custody since 4.3.2008, it is observed that if the trial of the case is not taken up within 07 months from the date of the receipt of the order in the court below, the petitioner shall have liberty to approach this court afresh for bail. pkj ( Kishore K. Mandal, J. )