IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29028 of 2008 1) Dashrath Sah, 2) Binod Sah, both sons of Late Bihari Sah, village Rajua Bakhri, PS Mehsi, District East Champaran – Petitioner. Vs. 1) The State of Bihar, 2) Dharmendra Bhagat, son of Raghunath Bhagat, village Rajua Bakhri, PS Mehsi, Dist. East Champaran – Opp. Parties. 3 23.6.2011 Heard learned counsel for the petitioners, the A.P.P. representing the State and the counsel appearing on behalf of the informant. The petitioners are aggrieved by order, dated 14.9.2006 passed by the Chief Judicial Magistrate, Motihari by which non-bailable warrant of arrest was issued against them. The facts are that a case was instituted on 2.7.2006 under sections 341, 323, 325, 379/34 of the Penal Code. The petitioners surrendered in the case and were granted bail on 8.8.2006. Subsequently due to the assault on the informant’s father, he died and the I.O. filed a petition before the court on 26.8.2006 to add section 302 of the Penal Code. The petitioners were issued a show cause notice. However, they did not respond to the notice and thereafter their bail bonds were cancelled. Counsel for the petitioners submits that the change of circumstances in the case, did not warrant cancellation of bail. The petitioners ought to have filed their show cause before the court below which would then be in a position to consider the allegations and the circumstances before issuing fresh orders for grant of bail. 2 Counsel for the petitioners denies that the petitioners did not appear and were absent in court on the date fixed by the court to hear the matter. In order to substantiate his submission he has annexed the rejoinder to the show cause. All these aspects of the matter are to be considered by the court below after considering the petitioners’ case on their surrender. On petition being filed, the petitioners’ case for grant of bail should be considered judicially. Since this court has granted stay in the case, I grant the petitioners ten weeks’ time to produce a copy of this order before the court concerned in Mehsi PS Case No. 65/2006. The surrender petition should be considered and disposed of within one week. This application is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)