IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15176 of 2009 BIRCHANDRA RAI Versus STATE OF BIHAR ----------- 2/ 25.07.2009 Heard. Earlier, prayer of the petitioner for bail was rejected by order as contained in Annexure 1. Facts of the case and reasons for refusal of the prayer are indicated in that particular order which is reinforced by yet another fact that the petitioner is an escapee from jail. It is true that the petitioner has remained in custody for three years but the court on account of the conduct of the petitioner of fleeing from the course of justice is not inclined to review its earlier order. On going through the order dated 5.3.2009, the court found itself astonished that in spite of being informed that one of the co accused Upendra Prasad Singh alias Lat Sahab was lodged in district jail, Hajipur in connection with a particular case, the court below did not issue any custody warrant stating that full details have not been furnished and declared him as an absconder under section 299 of the Code of Criminal Procedure and directed the separation of his trial. For the aid of the learned Judge, it is pertinent to mention that if he could consider the provision of section 299 of the Code, he could find out that some facts have to be proved before the court proceeds to declare some one a permanent absconder under that particular provision. That provision is mandatory and in absence of - 2 - facts constituting the particular ingredient of that particular provision, no accused could be declared an absconder. In that light, this court sets aside the order to that extent in exercise of its power under section 482 of the Code. The trial has to go with the trial of this petitioner and the court below is directed to call the Superintendent of Jail and direct him to produce the other accused namely Upendra Prasad Singh alias Lat Sahab on a date on which the case is fixed and to ensure that the Superintendent of Jail complies the order. The court shall see that the trial is concluded within nine months by all means else the petitioner shall be released on bail by it on execution of a bond to its own satisfaction. The petition stands disposed of with the aforementioned observation/direction. Anil/ (Dharnidhar Jha, J.)