IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36070 of 2009 1.KAILASH TELI @ DAS, S/o Sri Kankar Teli, 2.Ramesh Teli @ Ramesh Das, S/o Sri Chandeshwari Das Both resident of Village-Mahua Bazar, P.S. Basandhi District Saharsa. Versus STATE OF BIHAR ----------- 2 30/10/2009 Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the petitioners as also counsel for the State. While the petitioner would contend that there is an omnibus allegation of assault against the petitioners which will entitle them to be released on bail, this Court would find that the petitioners had happily kept on absconding for a period of five years, inasmuch as, they were named accused in the F.I.R. lodged on 20th September, 2004 and they ultimately came to surrender on 19.8.2009. It has also to kept in mind that even the prayer for anticipatory bail of the petitioners was rejected by an order dated 17.1.2008 in Cr. Misc. No.50049 of 2007 and yet they had found at least a period of one and half years insufficient for surrendering. The plea that the others including Kamo Mandal were granted bail, would get answered from the own conduct of the petitioners, inasmuch as, Kamo Mandal was granted bail by order dated 3.5.2006 when 2 he had surrendered in time. In fact, this Court would find that co-accused Damodar Singh was granted bail on 8.12.2005, whereas, co-accused Manoj Mandal was granted bail on 18.8.2006. This Court, in fact, had also rejected prayer for bail of co-accused Manoj Mandal earlier on 22.11.2005 who was granted bail on 18.8.2006. That being the position, the petitioners on account of their own conduct of remaining absconding for a period of five years do not deserve bail for the present. Accordingly, their prayer for bail is rejected. They, however, may renew their prayer for bail after completing one and half years of their judicial custody. Abhay Kumar (Mihir Kumar Jha, J.)