IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27299 of 2009 DHIRENDRA RAI Versus THE STATE OF BIHAR ----------- 02 20.8.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 302/201/120B/34 of the Indian Penal Code. The widow mother has lodged a case alleging that his son was taken out of home by three co-accused persons including the petitioner and next day the dead body was found on the verandah of the village school. It is alleged that the deceased was residing with ‘Fufa’. The statement of Fufa of the deceased is to the same effect. Learned counsel submits that the case is based on circumstantial evidence. Father of the petitioner and others faced the trial vide S.T. No. 357 of 2006 and they have been acquitted of all the charges, by a judgment dated 2.8.2008. This Court finds that the petitioner remained absconder for about more than four and half years. He presumably waited for the trial to conclude and thereafter, it appears he surrendered and now prays for bail. 2 Having regard to the fact that he evaded arrest for several years, this Court for the present is not inclined to enlarge him on bail. Prayer for bail is accordingly, rejected. This Court, however, cannot be oblivious of the submission that the father of the petitioner on the same allegation has already faced trial and has since been acquitted. The petitioner is granted liberty to renew prayer for bail after six months, if in the meanwhile the trial is not taken up and concluded. P.K. (K.K. Mandal, J.)