IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32242 of 2009 AJAY SINGH @ HARHU SINGH @ Harha Singh son of late Parsuram Singh resident of Dhanraj Tola, Barahiya, P.S. Barahiya District-Lakhisarai. Versus STATE OF BIHAR ----------- 3 9/11/2009 Heard counsel for the petitioner and counsel for the State. Perused the report of the court below as with regard to criminal antecedent of the petitioner showing him to be an accused in six criminal cases, namely:- 1.Barahiya P.S. Case no.53/86 dated 15.4.86 for the offence under section 395 of the I.P.C. 2.Barahiya P.S. Case No.59/86 dated 26.4.86 for the offence under section 395 of the I.P.C. 3.Barahiya P.S. Case No.84/86 dated 7.6.86 for the offence under section 395 of the I.P.C. 4.Bahahiya P.S. Case No.86/86 dated 13.6.86 dated 13.6.86 for the offence under section 395 of the I.P.C. 5.Barahiya P.S. Case No.116/81 dated 3.8.81 for the offence under sections 364/302/201/34 of the I.P.C. 6.Munger Kotwali P.S. Case No.442/82 dated 18.11.82 for the offence under sections 25 (A)/26 of the Arms Act. The petitioner who is main accused in the present case for the offences under sections 364, 302, 201/34 of the Indian Penal Code, in fact, after submission of the charge sheet have remained absconding for 17 years. Mr. Yogesh Chandra Verma, learned Senior counsel appearing on behalf of the petitioner would submit that when with all these similar allegation co-accused Chunchun Singh who had also absconding for a period of sixteen years was granted bail by order of 2 this Court dated 10.5.2007 in Cr. Misc. No.7784 of 2007 despite the fact he was also accused in more than six criminal cases, this Court should make no exception in the case of the petitioner by refusing his bail on the ground of either his being absconder or having criminal antecedent. Considering the aforesaid aspect alone this Court only for maintaining parity and consistency, in the order granting bail for the same offence, it would direct the petitioner, namely, Ajay Singh @ Harhu Singh @ Harha Singh to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.IInd, Lakhisarai in Sessions Case No.756 of 2008 arising out of Barahiya P.S. Case No.116 of 1991 subject to the condition that one of the bailer must be either parents of the petitioner or his wife and that the petitioner shall remain present in course of trial without fail and his absence on two consecutive dates would make him liable for cancellation of his bail. The petitioner, however, will be released on bail only on verification of the fact by the court below that co-accused Chunchun Singh (a) had also absconded for a period over 15 years and (b) he too was having criminal antecedent of at least having six other criminal cases pending against him, apart from the present one. In the event the court below will find either of the aforesaid conditions to be missing the case of the petitioner would stand distinguished and in such event he would not be released on bail on the strength of this order. Abhay Kumar (Mihir Kumar Jha, J.)