IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32447 of 2008 YOGENDRA MANDAL Versus STATE OF BIHAR ----------- 2. 27.8.2008 Heard. The learned Judge has recorded on the basis of the perusal of the record that the petitioner after being admitted to bail on 19.10.1995 absented himself from the case and thus appears misusing the privilege of bail as per the opinion of the learned Judge from that particular date. The learned counsel appearing for the petitioner controverts the finding by producing before the court order dated 2.12.2003 passed by the C.J.M.Katihar which indicates as if cognizance was taken of offences under Sections 399 and 402 IPC on that particular date. The further contention is that no process of the court was ever served upon the petitioner and, lastly, he was arrested and produced before the court and remanded on 26.5.2004. In support of the contention the entire copy of the order sheet has been produced before the court today and that is made part of the present record. The learned counsel brings into the notice of the - 2 - court in 1982 BBCJ 35(SC)Free Legal Aid Committee Jamshedpur Vrs. State of Bihar by which the Apex Court held that till final form was submitted and order of cognizance was passed there was no need for an accused to file attendance papers or to remain present in a proceedings which was still in investigation. It was further contended that the copy of the order sheet which has been produced before the court does not indicate that there was any service of summons or any report on any processes issued by the court and as such it could not be said that the petitioner had the knowledge about the order of cognizance and the requirement that he should appear in the court below. Regard being had to the facts of the case and the contentions, let the above named petitioner be released from custody on furnishing P.R. bond of Rs.1,000/-(One thousand)without any surety to the satisfaction of S.D.J.M. Katihar in Kursela P.S.Case no.34 of 1995(G.R.No.664 of 1995). B.Kr. ( Dharnidhar Jha, J. )