IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.79 of 2011 1.Kalam Mian 2.Nasim Mian 3.Ahmad Mian 4. Kasim Mian ---Petitioners Versus The State Of Bihar & Ors. ----------- 4. 6.7.2011 Heard learned counsel for the petitioners and the State. The prayer of the petitioners is for quashing the order dated 16.9.2004 passed by the Assistant Sessions Judge, I, Jamui in Sessions Trial No.710/1998/50/1999, whereby and whereunder the petitioners have been declared absconders even without serving any notice/summons and, as such, the order declaring the petitioners as absconders is absolutely illegal. Learned counsel appearing for the State submits that during the pendency of the aforesaid Sessions Trial, the petitioners ought to have appeared in the court below and made necessary submissions justifying their non-appearance. Considering the rival submissions of the parties, it is an admitted position that in the aforesaid sessions trial, the petitioners’ appearance was required in laws and, as such, the petitioners may appear in the court below and make necessary submission, including that they be allowed to remain on the previous bail. In case the petitioners appear and file an appropriate application, the same be considered in accordance with law. The writ application stands disposed of. Let a copy of this order be communicated to the court of - 2 - the Assistant Sessions Judge, I, Jamui in Sessions Trial No.710/1998/50/1999, through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)