IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8217 of 2008 ARBIND SINGH @ PUTALI SINGH, SON OF LATE RAM SAGAR SINGH, RESIDENT OF VILLAGE CHETAN, TOLA KHUTHA, P.S. BARAHIYA, DISTRICT LAKHISARAI.-- PETITIONER Versus 1. THE STATE OF BIHAR 2. RAM NIHORA SINGH, SON OF LATE BAIDHNATH SINGH, RESIDENT OF VILLAGE KHUTHA, P.S. BARAHIYA, DISTRICT LAKHISARAI. – OPPOSITE PARTIES. ----------- For the Petitioner :- Mr. Ambika Bhagat, Advocate Mr. Kamal Kumar Sinha, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. 2 28.1.2010 This application is directed against the order dated 3.10.2007 passed in S.C. No. 1130/1997 arising out of Lakhisarai P.S. Case No. 194/1996 by Additional Chief Judicial Magistrate, Lakhisarai by which the processes have been issued under Sections 82 and 83 of the Code of Criminal Procedure. The petitioner was released on bail under Section 167(2) of the Code of Criminal Procedure. It has been submitted on behalf of the petitioner that till today charge sheet has not been submitted against him. However, the main question here is that once the Court had recorded that notices were issued to the 12 named accused persons for appearance in Court, there is no finding that the notices were actually served on the petitioner. Apart from the aforesaid fact, it has been observed in the case of Free Legal Aid Committee Vs. State of Bihar reported in 1982 B.B.C.J., 35(SC) that the accused is not required to be present on each and every date before submission of the charge sheet. I accordingly direct that the petitioner should appear before the Court below within a period of two weeks on 2 receipt/production of a copy of this order and the Court below will grant bail to the petitioner. Besides which the petitioner should co- operate with the Court in this case as the matter is pending since 1996. This application is allowed with the aforesaid observations and direction. Sanjay (Sheema Ali Khan, J.)