IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27769 of 2008 1. KAMTANATH JHA S/O GARIBNATH JHA 2. SANTOSH KUMAR JHA 3. RAKESH KUMAR JHA BOTH S/O KAMTANATH JHA ALL RESIDENT OF VILLAGE-CHANGEL, P.S.- KATRA, DIST. -MUZAFFARPUR 4. NAGENDRA JHA @ JHULAN JHA S/O HARISHCHANDRA JHA RESIDENT OF VILLAGE-BASANT, P.S.-NANPUR, DISTRICT- SITAMARHI …PETITIONERS Versus 1. THE STATE OF BIHAR 2. DINESH JHA S/O LATE ROHINI JHA, RESIDENT OF VILLAGE-CHANGEL, P.S.- KATRA, DIST. –MUZAFFARPUR …OPPOSITE PARTIES ----------- 2. 20.05.2011 The petitioners have been declared permanent absconder by the order dated 24.8.2007 by the Judicial Magistrate Ist Class, Muzaffarpur in G.R. No. 1919 of 1997, Tr. No. 1097/2007. It has been submitted that due to misconception the petitioners who were granted bail, could not appear before the court below and are ready to appear before the court below at the earliest. Let the petitioners above named, appear before the court below in G.R. No. 1919 of 1997, Tr. No. 1097/2007 within 4 weeks from the date of receipt/ production of a copy of this order and on their so surrendering, the petitioners, above named, shall be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like 2 amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Judicial Magistrate Ist Class, Muzaffarpur in connection with G.R. No. 1919 of 1997, Tr. No. 1097/2007, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date if they 3 fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. (Anjana Prakash, J.)