IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26810 of 2009 SANTOSH KUMAR @ SANTOSH MAHTO Versus STATE OF BIHAR ----------- 2 13.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 302 and 34 of Indian Penal Code and Section 27 of the Arms Act. The said case was lodged on 12.7.2001 in relation to an occurrence that had taken place on 11.7.2001. Petitioner along with others are named in the F.I.R.. Allegation is that when deceased had gone to call labourers, he was surrounded by the petitioner and others and an attempt was made to assault him by means of fire arm. He escaped into a nearby house and enclosed himself. It is alleged that thereafter the petitioner along with co- accused Lala Prasad and one Mohan Prasad entered into the room and thereafter the allegation is that co-accused Mohan Prasad fired from his rifle which ultimately caused the death of the victim on the spot. Counsel submits that the direct allegation is against the co-accused Mohan Prasad. The petitioner has surrendered recently on 22.1.2009. It thus appears that he remained absconder for about eight (08) years. Looking to the allegation and the fact that he remained absconder for several years, this court, for the present, is not inclined to admit him to bail. His prayer for bail stands rejected. 2 The petitioner is, however, granted liberty to renew his prayer for bail after six months, if in the mean while, the trial of the case does not commence. pkj ( Kishore K. Mandal, J. )