IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9212 of 2009 PRAMOD YADAV Versus STATE OF BIHAR ----------- 05. 20.08.2009 Heard both sides. Sole petitioner has approached this court seeking bail in a case instituted under Sections 302 and 201/34 of the Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner states that as per F.I.R., the allegation of firing and killing the victim is not against the petitioner. He is also right in his submission that so far as the allegation of disposing of the dead body into the river is concerned the same relates to another accuseds. This court finds that petitioner was one amongst the group which after the commission of murder had threatened the informant and witnesses from lodging the case. The occurrence had taken place on 26.12.2005. Petitioner is named in the F.I.R. with the aforesaid allegation. He has recently surrendered in the court and is in custody since 03.02.2009. Learned counsel for the petitioner submits that some of the similarly situated co- accuseds have been privileged with bail by this court. This court perused the order dated 30.09.2008 passed in Cr. Misc. No. 34574 of 2008 ( Karu Mandal Versus State of Bihar). It appears therefrom that considering the fact that the said petitioner had remained an absconder the prayer for 2 bail was refused. No effort in the present bail application has been made to explain the circumstances that prevented the petitioner from surrendering and seeking bail. Some accused persons have been granted bail by this court. Having considered the submissions and perused the facts appearing from record, this court, while declining the prayer for bail made on behalf of the petitioner, disposes of the present bail application in the following manner: Let the learned court below make endeavour to take up the trial and conclude the same by examining all the prosecution witnesses within 05 months from the date of receipt/ communication of a copy of this order in the court below, failing which the court in seisin of the matter or the trial court shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Katihar) in connection with Kursela P.S.Case no. 50 of 2005, subject to the following conditions: (i) One of the bailors shall be the own/close family member of the petitioner. (ii) Petitioner shall appear before the court below in person on each date fixed at the trial. In case of default in such appearance on two consecutive 3 dates, it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. Learned counsel for the petitioner is permitted to get the order transmitted through FAX on depositing appropriate fee by the petitioner. Sym/ (Kishore K. Mandal, J.)