IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18393 of 2008 ASHOK YADAV Versus STATE OF BIHAR ----------- 3. 25.07.2008 Heard Learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Chakia P.S. Case No. 86 2002 for the offences registered under Sections 379, 411, 120(B)/34 of the Indian Penal code. It is submitted on behalf of the petitioner that the allegation against the petitioner is to the effect that he conspired with the others and helped the main accused Pramod Kumar Yadav in running away from the place where other co-accused were arrested. It is further submitted that the charge sheet was submitted with allegation to the effect that the petitioner is a member of the gang. The theft of electric wire is not correct since the other accused Tabarak Hussein and Anil Kumar Pathak had tried to bring theft iron wire to the school from another place. It is further submitted that although police submitted a final form however, the learned Chief Judicial Magistrate differed and took cognizance of the offences as per order dated 5.11.2003 against this petitioner as well as Pramod Kumar Yadav and other accused persons. Learned Additional P.P. on the other hand submits that accused Tabarak Hussein and Anil Kumar Pathak were acquitted and on perusal of the judgement of acquittal it would appear that since the trial of this petitioner remained pending for about two years, the prosecution did not turn up for getting examination of witnesses. 2 Considering the submissions as noticed above as well as the materials brought on record and in view of the nature of allegations, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Jagdish/- ( Shailesh Kumar Sinha,J.)