IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.503 of 2009 1. PRABHAT KUMAR SINGH 2. SURENDRA KUMAR …PETITIONERS Versus 1. STATE OF BIHAR 2. SHRI PRAKASH KUMAR SINHA …OPPOSITE PARTIES For the petitioners :Mr.Sudarshan Sharma, For the State :Mr.Permeshwar Mehta,APP ----------- 02. 04.11.2010 Heard counsel for the parties. Petitioners are aggrieved by order dated 27.01.2009, passed by learned Judicial Magistrate 1st Class, Patna in Complaint Case No.1407(C)/98, whereby bail bonds of petitioners have been cancelled as they defaulted in appearing on the date which was the date fixed for framing of charge. Learned counsel for the petitioners submits that in view of allegations contained in the complaint, they were granted anticipatory bail in the year 2000 whereafter they continued to appear in the said proceeding. It is stated that upto 28.08.2008, the matter was pending for production of evidence before framing of charge. On 19.01.2009, trial court directed for appearance of the petitioners. It was not indicated in the said order that in the event of non-appearance of the accuseds, the bail bonds shall be cancelled. It is submitted with reference to medical certificate (Annexure-3 and 4) that because of medical reasons, they could not appear on the said date. Learned counsel states that this Court may impose any condition while interfering 2 with the impugned order. Learned APP submits that there appears to be default of one day in physical/personal appearance of the petitioners. Having considered the submissions and after going trough materials on record, this Court finds some force in the submissions of learned counsel for the petitioners. Consequently, order impugned dated 27.01.2009, passed by learned Judicial Magistrate 1st Class, Patna in Complaint Case No.1407(C)/98, is quashed and set aside. Petitioner shall appear on the date fixed hereinafter by learned trial court for framing of charge. In case of default on a single occasion till framing of charges, trial court shall cancel the bail bonds of petitioners and take all coercive steps to ensure their arrest in the proceeding. hr ( Kishore K. Mandal )