IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21494 of 2009 RAM CHANDRA YADAV, son of late Ashin Yadav, resident of Singhia, P.S. K.Nagar (Champa Nagar O.P.), District Purnea Versus STATE OF BIHAR ----------- 3. 31.8.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner, an accused u/s 302 I.P.C. and 27 of the Arms Act vide Banmankhi P.S.Case No. 94/1998, when taken into custody thought it proper to secure his own release and ran away from the jail leading to institution of the present case. Counsel for the petitioner is not in a position to inform this Court as to whether the petitioner has some more criminal cases pending against him. Counsel for the petitioner, however, is quite sure that the petitioner has not been granted bail in the main case i.e. Banmankhi P.S.Case No. 94/1998. That being so, this Court for the time being is not inclined to grant bail to the petitioner till he is given bail in Banmankhi P.S.Case No. 94/1998. Once the petitioner is granted bail in that case he will have the liberty to move the court 2 below for grant of bail in the present case and the court below would enlarge the petitioner on bail in the present case because by that time the petitioner would have suffered sufficiently in connection with the present case. It is made clear that if the petitioner has no other case pending against him except the present case and Banmankhi P.S.Case No. 94/1998 only then he will be released on bail in this case in K.Hat P.S. Case no. 59/03. With the aforementioned observations and directions this application is dismissed. (Mihir Kumar Jha,J.) Surendra/