IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19417 of 2010 1. GIRISH KUMAR @ GIRISH PRASAD 2. Shankar @ Shankar Indrashan @ Indrashan Prasad. 3. Vijay Kumar @ Sudarshan @ Sudarshan Singh All sons of Sheo Narayan Prasad, resident of village-Rupaspur, P.S. Muffasil Buniyadganj, District-Gaya Versus STATE OF BIHAR . ----------- 3 14.06.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are accused in connection with Sessions Trial No.89 of 2009/ 185 of 2010 arising out of Makhdumpur P.S. Case No.131 of 1988 for offences punishable under Sections 25(A), 26, 35 of the Arms Act and Section 4 and 5 of the Explosive Substance Act. Learned counsel for the petitioner submits that the petitioners were on bail but have absented themselves with effect from 20.4.1992 and subsequently were declared absconders by the court below under order dated 19.1.2010. Learned counsel for the petitioner submits that by reason of communication gap such eventuality had happened. Learned counsel submits that the petitioner No.2 has been appointed as Panchayat Teacher on 11.5.2002 2 (incorrectly mentioned as petitioner No.1 at paragraph 8). It is further submitted that petitioner No.1 has also been appointed as Sanskrit Teacher in the year 2006. He submits that all the three are sons of Sheo Narayan Prasad and undertake to co-operate with the trial. He submits that the petitioners have surrendered before the Court below on 9.3.2010 and the petitioner No.3 has surrendered on 19.3.2000. Having regard to the submissions aforesaid, let the petitioners namely, Girish Kumar @ Girish Prasad, Shankar @ Shankar Kumar @ Indrashan @ Indreshan Prasad and Vijay Kumar @ Sudrashan @ Sudarshan Singh be released on bail upon each of them furnishing individual bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the Additional Sessions Judge, F.T.C.II, Jehanabad in connection with Sessions Trial No.89 of 2009/ 185 of 2010 arising out of Makhdumpur P.S. Case No.131 of 1988 subject to the following conditions:- (1) That the father of the petitioners would stand as one of the sureties and would ensure the attendance before the 3 Court below (2) The petitioners shall be attending the trial of the case on each and every date fixed without any break and the failure on the part of any of the petitioner(s)to attend the Court below on two consecutive dates fixed in the case without any reasonable explanation, the trial Court would be entitled to initiate proceedings for cancellation of his bail bonds and for taking him into custody. Bibhash ( Jyoti Saran, J.)