IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11579 of 2010 ARVIND YADAV @ BHAGAT JEE SON OF RUP LAL YADAV, RESIDENT OF VILLAGE RAMPUR, P.S. AKABARPUR, DISTRICT NAWADAH--- PETITIONER. Versus STATE OF BIHAR --- OPP.PARTY.. ----------- For the petitioner : Mr. Durgesh Nandan, Adv. For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 2/ 29.04.2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard the parties. In a criminal prosecution instituted for the offence under sections 302/34 of the Penal Code, besides other offences, petitioner is named in the F.I.R. as an accused. It is submitted by learned counsel for the petitioner that neither he had motive to participate in the crime in question nor anybody claims to be eye witness of the actual occurrence and the entire criminal prosecution is based on suspicion and surmises. It is further highlighted that during the course of investigation independent witnesses have not supported the prosecution allegation against the petitioner, rather co-accused Naresh Chauhan is said to be the main culprit for committing the crime in question. Be that as it may, in view of the fact that the - 2 - case was instituted in the year 2006 and petitioner has remained absconding for last four years though he is named in the F.I.R. as an accused, his prayer for anticipatory bail is rejected. He must surrender in the court below in connection with Akbarpur P.S. Case No. 92 of 2006 within four weeks from today and, if so advised, seek regular bail which shall be considered on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J ) BTiwary/