IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3825 of 2011 1. Surendra Singh, Son of Late Ganesh Singh. 2. Arun Singh, Son of Surendra Singh. Both are residents of Village-Rampur Keso, P.S.-Taraya, District-Saran. -Petitioners. VERSUS The State of Bihar -Opposite Party. ----------- 02 04.02.2011 This case shows total lack of application of mind on part of the learned Additional Sessions Judge-XI, Saran at Chapra. The petitioners are in custody in relation to Taraya P.S. Case No.96/98 (Sessions Trial No.257/03). The case relates to offences under Sections-447,341,323,324 and 34 of the Indian Penal Code. It appears that as petitioners are not appearing in this case, on 26.04.2010, after all processes were issued, petitioners were declared permanent absconders by order dated 05.01.2011. Petitioners’ bail application was accordingly rejected when he was produced from custody solely on the ground that petitioners being absconders for long time were not to be released. While doing so, the learned Additional Sessions Judge has noticed the argument on behalf of the petitioners that petitioners were already in custody since 14.01.2005 in Taraya P.S. Case No.126/05 in Sessions Trail No.380/06, pending before the 3rd Additional Sessions Judge and, it is because of this that petitioners could not appear in the present case. Acting in most casual manner, the learned Sessions Judge glosses over these facts and on the ground of being absconder rejects the bail instead of recalling and cancelling all orders issuing processes and - 2 - declaring petitioners permanent absconders. It is hoped that the learned Judge would be more careful in future. He must remember that he holds a very responsible position and is answerable for his orders even though judicial. It also appears that the learned Judge was in hurry to conclude a pending trial. Let be remind that justice delayed is justice denied but at the same time justice hurried is justice buried, which has happened in the present case. Be that as it may, I set aside the order of the learned Additional Sessions Judge-XI, Saran at Chapra passed in Sessions Trail No.257/03 dated 26.04.2010 declaring petitioners permanent absconders and direct that the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-XI, Saran at Chapra in connection with Taraya P.S. Case No.96/98. Trivedi/ (Navaniti Prasad Singh, J.)