IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16468 of 2008 1. Rameshwar Singh, Son of Late Rajendra Singh. 2. Prem Kumar Singh, son of Late Parmeshwar Singh. Both are residents of Village- Udwantnagar, P.S. Udwantnagar, District- Bhojpur at Ara……………………………………………………….….Petitioners. Versus 1. The State of Bihar. 2. Ashok Kumar Singh, Son of Late Bishwanath Singh, resident of Village-Udwant Nagar, P.S. Udwantnagar, District- Bhojpur…………………………………………………………………………………………..Opposite Parties. ----------- 3. 11.02.2011. Heard learned counsels for the petitioners and the State. The petitioners have challenged the orders of cognizance dated 03.06.1998 and 17.07.1998 whereby the bail bonds of the petitioners was cancelled and warrant of arrest was ordered to be issued and subsequently processes under Sections 82 and 83 Cr. P.C. were also issued. Notices were issued to opposite party no. 2 but in spite of service of notice, none appears on behalf of opposite party no.2. Vide order dated 26.09.2008, further proceedings of Sessions Trial No. 95 of 1998 pending in the court of the learned 3rd Assistant Sessions Judge, Ara, was directed - 2 - to remain stayed. The case was registered on 17.03.1997 under Sections 341, 307/34 of the I.P.C. and Section 27 of the Arms Act. Petitioner no.1 was granted anticipatory bail on 28.06.1997 whereas petitioner no.2 was allowed bail on 24.07.1997. The charge sheet was submitted in the matter on 30.05.1997 and cognizance was taken on 09.06.1997 and on 11.03.1998 the case was committed to the court of sessions. The records were received before the learned Sessions Judge on 25.03.1998 and summons were issued to the accused on 30.03.1998 and case was adjourned for 01.05.1998 for appearance of the accused persons. None of the accused were present on 01.05.1998 and on 01.05.1998 the matter was adjourned for 03.06.1998 but without verifying the service report, the bail bonds of the petitioners were cancelled and warrant of arrest was issued and thereafter on 17.07.1998 processes under Sections 82 and 83 Cr. P. C. were issued. The order - 3 - dated 29.06.2006 reflects that the records of the case were missing and after 17.07.1998 the matter was taken up by the learned court below on 29.06.2006. Considering the fact that the learned court below mechanically, without verifying the service report, cancelled the bail bonds of the petitioners on the very next date fixed for the appearance of the accused persons i.e., 03.06.1998. This Court is convinced that the action of the learned court below was absolutely mechanical hence, the impugned orders dated 03.06.1998 and 17.07.1998 are hereby quashed. However, let the learned court below, in the interest of justice and in the light of the fact that the records were missing, direct the petitioners to furnish fresh bail bond within a period of eight weeks and release them on bail. It is made clear that if the petitioners fail to appear on three consecutive dates during trial then the learned court below will be at liberty to cancel the bail bond of the petitioners. - 4 - Let the order be faxed to the learned court below at the cost of the petitioners. U.K. (Dinesh Kumar Singh,J)