IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43890 of 2008 MANOJ YADAV @ MANOJ KUMAR YADAV @ PAPPU, son of Nageshwar Yadav, resident of village- Basti, P.S. Harnaut, District Nalanda …. Petitioner Versus STATE OF BIHAR …… Opposite party ----------- 02/ 24.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 394/411 of the Indian Penal Code and is named in the First Information Report on the basis of the statement of co- accused Birendra Kumar Yadav @ Viran, who also implicated Arun Yadav besides the petitioner and Manoj Yadav. Said Arun Yadav was taken in custody on 14.6.2006 and another Bench of this Court appreciating the fact that he was not put on Test Identification Parade, admitted him to the privilege of bail under orders dated 15.11.2006, passed in Cr. Misc. No. 42545 of 2006, Annexure-2 to this application. Counsel for the petitioner states that the case of the petitioner and said Arun Yadav is similar. When such submission was made, this Court desired to know from the counsel as to where the petitioner was for the period between 14.6.2006 till 26.5.2008 when he was taken in custody, then the counsel had no reply as he accepted the fact that petitioner was absconding during the said period. In view of the fact that petitioner has remained absconder for substantially long period of two years, I reject 2 this application at this stage with liberty to apply for grant of bail after completing one year in jail custody. Arjun/ (V.N. Sinha, J.)