IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28879 of 2009 RAMASHRAY YADAV Versus THE STATE OF BIHAR ----------- 02 28.08.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under diverse Sections of the Penal Code including Section 302 of the Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. is that two deceaseds were dragged out from the bus and taken to few distance. It is alleged that at the orders of co-accused Kapil Yadav the petitioner along with one Bundi Yadav fired at one of the deceaseds named Narayan Prasad Singh. Allegation further is that co-accuseds, namely, Indradeo Yadav and Prakash Yadav fired at Pankaj Kumar. Both the injureds died instantaneously at the place of occurrence. This occurrence had taken place on 17.12.2003. It appears that petitioner is in custody since 26.10.2008. Submission is that some of the co-accuseds including one of the assailants of deceased Pankaj Singh were tried vide Sessions Trial No. 407/2006 and they have been acquitted of the charges by a judgment and order dated 16.01.2007. This court from the materials available on record finds that the petitioner absconded for a pretty long time and as per F.I.R. there is direct allegation against him. Having regard to the aforesaid facts, this court is not 2 inclined to admit him to bail. Prayer for bail is, accordingly, rejected. This court, however, cannot be oblivious of the submission that some of the co-accuseds have already been tried and acquitted of the charges. Learned counsel for the petitioner states that the case has recently been committed to the court of sessions. This court, thus, observes that let the trial court make endeavour to take up the trial and conclude the same by examining all the prosecution witnesses within 08 months from the date of receipt/communication of a copy of this order in the court below, failing which the petitioner shall have liberty to re- approach this court for bail. Sym/ (Kishore K. Mandal, J.)