IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35396 of 2009 BIJAY SINGH Son of late Khopri Singh resident of Village-Nawada P.S. Tarapur, Distt-Munger. Versus STATE OF BIHAR ----------- 3 6/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner is main accused in the First Information Report for the offences under sections 302/34 and 120(B) of the Indian Penal Code relating to Shambhuganj P.S. Case No.9 of 1997. The petitioner after remaining happily absconding for a period of ten years, despite his being named in the First Information Report, had surrendered in the court below on 9.10.2007. Counsel for the petitioner, however, has invited attention of this Court that co-accused Mahendra Mandal was granted bail by this Court by order dated 26.2.2007 in Cr. Misc. No. 6584 of 2007 and as case of the petitioner stands on the similar footing he is also entitled to be enlarged on bail. This Court would find that Mahendra Mandal’s third bail application was allowed by this Court, his first bail application filed in the year 2005 and second bail application filed in the year 2006, as mentioned in the computerized sheet annexed with this bail application by office of this Court, was earlier rejected. That being so, as the petitioner had remained absconding for a period of ten years, this Court is not inclined to grant bail to the petitioner at least till he would complete his judicial 2 custody for a period of three years. The trial court, in fact, would be under obligation to ensure that trial of the petitioner and other co-accused is taken-up as this is a case of the year 1997 and will conclude the same within a period of nine months from the date of receipt/production of a copy of this order. In the event, trial of the petitioner will not be concluded within the aforementioned period of nine months due to laches solely attributable to the prosecution the petitioner will have liberty initially to move the trial court for bail and the trial court will have to give reasons for not concluding the trial, whereafter only the petitioner may renew his prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)