IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42740 of 2009 BIJEET BANERJI S/O Late Ravindra Nath Banerjee, resident of Mohalla Manikchaqnd Talab, Anishabad, P.S. Gardanibagh, District Patna. Versus STATE OF BIHAR ----------- 2 14/12/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that the petitioner faces prosecution for the offence under sections 399/402 of the Indian Penal Code as also sections 25/26/35 of the Arms Act and that he had remained absconding for a period over five years even when his name had surfaced immediately at the time of institution of the First Information Report, this Court is not inclined to grant bail to the petitioner considering that he has remained in custody only for a period of two months. That being so, prayer for bail of the petitioner is rejected for the present. He may renew his prayer for bail after completing six months of his judicial custody and that too by making a clear statement with regard to criminal antecedent. Rejection of prayer for bail at this stage will not preclude the petitioner to seek provisional bail on any justifiable reason. Abhay Kumar (Mihir Kumar Jha, J.) 2