IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3590 of 2011 Raj Kumar Jha @ Raju Jha Versus The State Of Bihar ---------- 03/ 22.07.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Barhiya P.S. Case no. 59/1982 was registered against unknown for the offences under sections 324,307 of the IPC and 27 of the Arms Act, It appears from the record that petitioner was granted privilege of bail before commitment of the case to the court of sessions. Subsequently, case of other co-accused was committed to the court of sessions on 23.2.1985 after separating record of the petitioner and one co-accused and processes were issued against them. It further appears from the record that at the strength of processes issued against the petitioner, petitioner was arrested and produced before the court on 26.10.2010 and since then he is languishing in jail custody. Learned counsel for the petitioner submits that, as a matter of fact, before declaring the petitioner absconder, neither any notice nor any process was ever served upon him. It is also contended by him that before commitment of the above stated case, Lakhisarai sub division was created and the record was sent to Lakhisarai sub division without giving any notice to the petitioner that is the reason he could not appear before the concerned court. Considering the aforesaid submission as well as this aspect of the matter that original record of the case has already been damaged - 2 - due to flood, let the petitioner, Raj Kumar Jha @ Raju Jha, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Assistant Sessions Judge I, Lakhisarai in Sessions Trial no. 138/1985 arising out of Barhiya P.S. Case no. 59/1982 subject to the condition that the petitioner shall attend the learned trial court on each and every date for the period of one year and if he fails to do so on three consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. shahid (Hemant Kumar Srivastava,J)