IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20840 of 2009 AJAY KUMAR Versus STATE OF BIHAR ----------- 03 26.08.2009 Heard learned counsels for the petitioner, informant and State. Sole petitioner, who is named in the F.I.R. as one of the accuseds, has applied for bail in a case instituted under Sections 302 and 201/34 of the Penal Code. Allegation as per F.I.R. is that 05 accused persons armed with rifle lifted 01 year old baby of the informant. When a chase was offered they opened firings. Next day the dead body of the girl was fished out from a well. Petitioner is, therefore, named in the F.I.R. with the aforesaid allegation. It appears from the record that he evaded arrest for a pretty long time. Charge sheet was ultimately submitted on 05.01.2008 showing him absconder. Petitioner is now in custody since 23.03.2009. Learned counsel for the petitioner submits that similarly placed co-accused has been granted the privilege of bail by this court under order dated 01.05.2008. He refers to annexure-2 series filed along with the supplementary affidavit. Learned counsels appearing on behalf of the informant and State opposed the prayer for bail and submitted that petitioner evaded arrest for about 07 years. Learned counsel for the informant states that the case has already been committed 2 to the court of session on 23.07.2009 and the trial is likely to commence. He tried to explain to the court with reference to certain documents that the informant is receiving constant threat for not deposing in the case. Be that as it may, having regard to the fact that he is named in the F.I.R. with specific allegations and that he evaded arrest for a pretty long time and also keeping in focus the fact that the case has already been committed to the court of session and trial is likely to be taken soon, this court is not inclined to grant him the privilege of bail. Prayer for bail is, accordingly, rejected. Petitioner shall, of course, have liberty to renew prayer for bail if all the prosecution witnesses are not examined within 06 months from the date of receipt/communication of a copy of this order in the court below. Sym/ (Kishore K. Mandal, J.)