IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39732 of 2009 SHIVJEE YADAV @ SHIVJI YADAV, son of late Ram Balak Yadav, resident of village Tartar, P.S. Ghoswari, District Patna Versus THE STATE OF BIHAR ----------- 2. 17.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused for offence u/ss 395 and 412 of the Indian Penal Code. Though the petitioner was not named in the F.I.R. his complicity had emerged on the basis of confessional statement of the co- accused whereafter certain recovery was also made on the details given by those co- accused. Counsel for the petitioner would submit that this Court has already granted bail to the co-accused Chandan Yadav, Manoj Yadav, Krishnandan Yadav, Om Prakash Yadav and Karu Yadav and therefore, the case of the petitioner standing on a better footing as the recovery was made from Krishnandan Yadav he would be entitled for grant of bail. In the opinion of this Court two things will go against the petitioner; firstly it is the case of the year 2004, his 2 Surendra/ implication came immediately on the statement of Krishnandan Yadav and other co- accused and yet even when they had surrendered before the court in the year 2004-05 and in fact they were granted bail by this Court in the month of October, 2005 itself, the conduct of the petitioner remaining absconding for a period of five years would by itself go to show that he is not a law abiding person. That apart the petitioner has a chequered past, inasmuch he has criminal antecedent of being accused in five more criminal cases. That being so, the prayer for bail of the petitioner is hereby rejected. (Mihir Kumar Jha,J.)