IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10761 of 2009 BARUN PATHAK @ BARUN KUMAR PATHAK @ VARUN KUMAR PATHAK @ WARUN PATHAK @ VARUN PATHAK, S/O KAPILDEO PATHAK, RESIDENT OF VILLAGE NAYA ROAD, P.S. RAXAUL, DISTRICT EAST CHAMPARAN ……….PETITIONER. Versus THE STATE OF BIHAR ……… OPPOSITE PARTY. WITH Cr.Misc. No.16609 of 2009 AMARNATH RAI, SON OF LATE SHEO SHANKAR ROY, RESIDENT OF VILLAGE INAMAT, POLICE STATION NANPUR, DISTRICT SITAMARHI …… PETITIONER. Versus THE STATE OF BIHAR ……. OPPOSITE PARTY. ----------- 4. 23.6.2009 Heard learned Counsel for the petitioners and the learned Counsel for the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 364 and 387 of the Penal Code, which was lodged against unknown as far back as on 12.12.1990. It is submitted on behalf of petitioner Barun Pathak that although warrant of arrest was issued against him some times in the year 1992 or 1993, but he was not aware about such warrant issued against him as he has been residing in Chennai and serving the Transport Corporation of India which fact is evident from certificate dated 15th January, 2005 (Annexure-2). Petitioner Barun Pathak having remained absconder for substantially long period, I am not inclined to admit him to the privilege of bail. Accordingly, prayer for anticipatory bail of petitioner Barun Pathak @ Barun Kumar Pathak @ Varun Kumar Pathak @ Warun Pathak @ Varun 2 Pathak (In Cr. Misc. No.10761 of 2009) is rejected with a direction to surrender within four weeks from today in the court below (Judicial Magistrate Ist class, Raxaul at Motihari in connection with Raxaul P.S.case No.94 of 1990 Trial No.356 of 2008) and apply for regular bail which should be considered in accordance with law without being prejudiced by the fact that this court has not admitted him to the privilege of bail in the event of arrest. So far petitioner Amarnath Rai (In Cr.Misc.No.16609 of 2009) is concerned, it is submitted that in the instant case charge sheet was submitted in the year 1993 in which he has been shown as accused under arrest, but he was never taken in custody until the police Officers approached him for his arrest in December, 2008/January, 2009. It is also submitted on his behalf that prior to the submission of the charge sheet in the instant case he has been residing at his village address which is also indicated in the passport issued to him on 17.11.1992 and since the issue of passport he has been residing in the same village but the police never approached him for his arrest. Let petitioner Amarnath Rai surrender in the court below within four weeks from today and if it appears from the record that he has been shown in the charge sheet as accused under arrest and thereafter again fresh warrant of arrest has been taken for arrest in December,2008/January,2009, then he be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (Rupees 3 five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Motihari in connection with Raxaul P.S.case No.94 of 1990, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. but if it appears that the mistake in the charge sheet about his status was got corrected by the police authority earlier or within a reasonable time of the submission of the charge sheet, the appropriate orders in accordance with law be passed by the court below. Narendra/ ( V. N. Sinha, J. )