IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26035 of 2009 LADDU MANDAL, son of Anandi Mandal, resident of village Kabaiya, P.S. Dhamdaha, District Purnia Versus STATE OF BIHAR ----------- 3. 28.10.2009 Heard counsel for the petitioner and the counsel for the State. In a double murder case, both of them gunned down by a mob of seven persons. The defence of the petitioner that there was an omnibus allegation against him as with regard to the first murder and the specific allegation of gun shot injury on the second person is as against Subodh Mehta would have made some sense had the petitioner not been absconding for five years. It is a case of the year 2004 and the petitioner has surrendered in the year 2009. More over, this Court would find that the bail application of Subodh Mehta was rejected lastly by an order dated 25.9.2008 in Cr.Misc.No. 34495/2008 and the co-accused Anandi Mandal about whom the petitioner claims parity had surrendered in the year 2004 and was ultimately granted bail after remaining in custody for more than 1½ years. Similarly, Hari Lal Mehta also had 2 surrendered in the year 2005 and his bail was granted after remaining in custody for more than 1½ years. All these aspects would, therefore, be sufficient to show that the petitioner for the moment, who is in custody since 6.1.2009, is not entitled for being granted bail and accordingly, his prayer for bail for the moment is rejected. The petitioner may renew his prayer for bail after completing one more year of his judicial custody. (Mihir Kumar Jha,J.) Surendra/