IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23497 of 2009 RADHEY SINGH Versus THE STATE OF BIHAR ----------- 03 01.09.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 147, 148, 149, 307, 353 of the Indian Penal Code and 27 of the Arms Act. The Police party was fired at by a group of criminals/ miscreants. There was response from the Police side also. As per allegation, in the operation, two Home Guard Jawans lost their lives. As many as 10 accused persons are named in the F.I.R., including the petitioner. The occurrence had taken place on 27.1.2002. Petitioner is in custody since 29.5.2009. Looking to the pleadings, this Court gathers that petitioner remained absconder for a petty long time. Counsel for the petitioner referring to the statement made in para-13 states that similarly placed co-accused have been granted bail by this Court, way back in the year 2004-2007. Considering the fact that he remained absconder for a petty long time, this Court for the present is not 2 inclined to admit him on bail. Prayer for bail is accordingly, rejected. However, considering the fact that other co-accused have been granted bail on merit by this Court, this court grants liberty to the petitioner to renew prayer for bail after five months, if in the meanwhile the trial of the case is not taken up. P.K. (K.K. Mandal, J.)