IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50344 of 2007 SATENDRA KUMAR, SON OF BHUSHAN SINGH, RESIDENT OF MOHALLA MIRCHAIYA GALI, TEL BIGHA, P.S.- KOTWALI, DIST.-GAYA. Versus 1. THE STATE OF BIHAR 2. SHAMBHU SINGH S/O- NOT KNOWN AT THE RELEVANT TIME POSTED IN TASK FORCE GAYA POLICE UNIT. For the petitioner : Mr. Mahendra Thakur, Advocate For the State : Mr. P. Mehta, APP. ----------- 6 17.08.2010 Learned counsel for the petitioner, while pressing this application seeking cancellation of bail granted in favour of O.P. no. 2 (Shambhu Singh), submits that the Sessions Trial No. 130 of 2008 pending in the court of F.T.C.-II Gaya since 28.11.2008 for framing of charge. He has placed on record the order-sheet of the court which is kept on record marked “Y” It appears on repeated occasions, the trial court has directed the accused including O.P. no. 2 to be physically present in court enabling the court to frame the charges. Under a ploy they all are not appearing on a particular date in person. It appears that at least on two occasions (on 17.9.2009 and 6.2.2010), the trial court has observed that the accused including the O.P. no. 2 should be present in person on the date failing which the bail bonds will be cancelled. In spite of valid service of notice and appearance through counsel, no body has appeared in the present proceeding on behalf of O.P. no. 2. In that view of the matter, this court disposes of the present application with the following observations/directions:- 2 Let the trial court fix firm date for appearance of all the accused persons including O.P. no. 2 herein on which date the O.P. no. 2 (Shambhu Singh) shall appear in person. He will continue to appear in person on the subsequent dates till the charges are framed in the case. In case the O.P. no. 2 defaults in his personal appearance on the date(s) so fixed by the trial court, the court below shall cancel the bail bonds of the O.P. no. 2 and secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )