IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28032 of 2009 NAGINA SAHANI Versus THE STATE OF BIHAR WITH Cr.Misc. No.28642 of 2009 LAGAN SAHANI Versus THE STATE OF BIHAR ----------- 02 24.08.2009 Heard both sides. Two applications arise out of the same occurrence which gives rise to Maniyari P.S. Case No. 137 of 1998, instituted under Sections 395 and 412 of the Indian Penal Code with regard to an occurrence committed on 20.12.1998. Both the petitioners seem to be in custody since 1.4.2009/ 7.4.2009. There is no effort in the application to explain the delay in submitting to the jurisdiction of the Court. This Court, therefore, presumes that for a petty long time they remained absconder. It appears that trial of the some other co-accused was separated and they were accordingly tried. Learned counsel with reference to Annexure-2 submits that those co-accused have ultimately been acquitted of their charge (charges) by judgment and order dated 3.02.2002. The 2 material against the petitioners is/are that one of the accused made a confessional statement leading to recovery from the house of petitioner Lagan Sahni. Be that as it may, having regard to the fact that they absconded for several years which delayed the trial of the case in so much so, Court had to separate the trial, this Court, for the present, is not inclined to grant the privilege of bail. Prayer for bail is accordingly rejected. This Court, however, cannot be oblivious of the submission that some of the accuseds of the present case have already been tried and acquitted. Considering that aspect of the matter, this Court grants liberty to the petitioners to renew prayer for bail after 09 months from the date of receipt/ communication of the order, if in the meanwhile the trial of the case is not taken up and concluded. P.K. (K.K. Mandal, J.)