IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34798 of 2011 1. Bindeshwar Bhagat son of Late Badri Bhagat 2. Harendra Bhagat son of Bindeshwar Bhagat Both resident of Village Godaichak, Police Station Minapur, District Muzaffarpur. Versus The State Of Bihar ---------------------------------- 2. 25.10.2011. Heard Shri Kailash Nath Diwakar, learned counsel for the petitioners and Shri Shivesh Chandra Mishra, learned Additional Public Prosecutor. Two petitioners, who are in custody in Meenapur P.S. Case No.103 of 2003 due to misuse of bail, has prayed for grant of bail. It was submitted by learned counsel for the petitioners that petitioners were already on bail and they were appearing in court. However, on the date fixed before the court below though witness was present, due to un-avoidable circumstances, the petitioners remained absent and as such their bail bond were cancelled and thereafter on 20.9.2011, the petitioners had surrendered and prayed for grant of bail, which stood rejected by the court below. It appears from the order sheet that on the date of evidence, while witness was 2 in appearance, both the petitioners remained absent and thereafter, their bail bond were cancelled. However, in view of the facts and circumstances, let both the petitioners above named be enlarged on bail on their furnishing bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Muzaffarpur in Meenapur P.S. Case No.103 of 2003, Tr.No.397 of 2005 on a condition that on each and every date, both the petitioners shall remain physically present before the court below, failing which their bail bond shall stand automatically cancelled. However, with prior permission of the trial court, petitioners can remain absent on a particular date in case of special exigency. N.H./ ( Rakesh Kumar,J.)