IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51225 of 2008 1. MISHRI LAL SARDAR, AGE-52, SON OF LATE MANIKLAL SARDAR, RESIDENT OF VILLAGE-SANPATAHA,P.S.KISHANPUR, DISTRICT-SUPAUL. 2. CHULHAYA SARDAR, AGED-80 YRS., SON OF LATE RAMESHWAR SARDAR,RESIDENT OF VILLAGE-NISAHARPUR, P.S.SINGHESHWAR, DISTRICT-MADHEPURA(BIHAR)-------- --------------------petitioners Versus STATE OF BIHAR ----------- 2. 22.1.2009 Heard Mr. C.S. Kumar, learned counsel for the petitioners and Mr. D. Mehta, learned A.P.P. Considering the rejection order and the conduct of the petitioners in running away from trial one after the other, as a result of which the same is pending, I do not feel inclined to direct release of the petitioner but after finding the petitioners hail from an area which is deeply flood affected in the recent devastating flood on account of breach of Kosi Barrage, I could persuade myself to think that their further confinement may entail unnecessary hardship to their dependant family members. Keeping this factor in my mind, I direct that the two petitioners above named be released on bail on furnishing bond of Rs.3,000/-(Three thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Supaul, in connection with S.Tr. no.103 of 1996 arising out of Kishanpur P.S. case no.9 of 1995. The court below is directed not to allow any representation on behalf of the petitioners, as they are required to remain physically present, unless sound reasons are shown and the same must be - 2 - supported by documents in that behalf. At the same time the court below should consider in taking up the hearing of the case, which is of the year 1995 and disposing it of on an early date. sudip ( Dharnidhar Jha,J )