IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29119 of 2009 RAMANAND SINGH @ RAMANAND SHARMA, son of Late Baleshwar Singh, resident of village- Tuturkhi, P. S.-Konch, District- Gaya… Petitioner. Versus STATE OF BIHAR . ----------- 04. 09.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for offence under Sections 452, 302/34 and 120(B) I.P.C. and section 17 of the Criminal Law Amendment Act. The main allegation of shooting down the deceased is against two accused persons namely Vainketesh Sharma and Mukesh Sharma and the others including the petitioner are said to be the members of mob who had allegedly aided and abetted in killing of the deceased. Normally in such circumstances, this Court would have granted bail to the petitioner as he is not the main assailant specially when this court has also directed for release of co-accused Sumama Singh, Satish Sharma, Ashok Singh and Mahesh Singh. This Court however would find that the petitioner has a series of criminal cases pending against him and the court below itself has referred to four of such cases in 2 the order rejecting bail. Apart from it that all such cases were filed in the year 2000 to 2002 even this is the case of the year 2002 and yet the petitioner had remained absconding for a period of six years inasmuch as he has been arrested in one of the four cases on 20.6.2008 and remanded in the present case on 23.3.2009. Such conduct of the petitioner was itself good enough for rejection of his bail but if another bench of this Court has granted bail to co-accused Mahesh Singh either consciously or unconsciously who too had not only criminal antecedent of at least six cases as would appear from paragraph 48 of the case-diary but had definitely remained absconding for almost sixteen years, this court for maintaining the parity and consistency in the order would direct for release of the petitioner with a specific condition that the petitioner shall report on every Monday of the week before the Officer- in-charge of the concerned police station and his attendance sheet shall be maintained and sent to the court below on regular basis till the charges are framed against him. Once the 3 charges are framed, the petitioner will remain present before the court below on each and every date fixed thereafter so that the trial is not delayed on the account of absence of the petitioner. In the event, the petitioner would remain absent for two consecutive dates either before the officer- in-charge or before the concerned court, his bail under the present order shall be cancelled. With the aforementioned conditions, the petitioner namely Ramanand Singh @ Ramanand Sharma is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Aurangabad in connection with Deokund (Uphara) P. S. Case No. 35 of 2002 and one of the bailors of the petitioner must be either of his wife or his parents. kanchan (Mihir Kumar Jha, J.)