IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27584 of 2009 1. Lagandeo Rai S/o Sadhu Rai 2. Surith Rai S/o Mangal Rai 3. Shivjee Rai S/o Jagdeep Rai 4. Musafir Rai S/o Jagdeep Rai 5. Lagan Rai S/o Jagdeep Rai 6. Sagar Rai S/o Late Janak Rai All resident of village Shiv Kumarpur P.S. Raghopur Dist. Vaishali 7. Bisheshwar Rai S/o Sonelal Rai Resident of Village Jahangirpur P.S. Raghopur Dist.Vaishali Petitioners Versus State Of Bihar ---------- 02/ 01.08.2011 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State on the point of admission. At the very outset, learned counsel for the petitioners points out that petitioner no.2,namely, Surith Rai and petitioner no.5, namely, Lagan Rai, have already been arrested and remanded by the learned court below. In view of the aforesaid submission prayer of the petitioner no.2,namely, Surith Rai and petitioner no.5, namely, Lagan Rai, is dismissed being infructous. In my view, this petition can be disposed of at the admission stage itself. This petition has been preferred under section 482 of the Code of Criminal Procedure against the order dated 6.5.2008 passed by the learned Addl. Sessions Judge I, Vaishali at Hajipur in Raghopur P.S. Case no. 4/1995 by which and whereunder he declared petitioners absconder as they did not appear before the concerned court in spite of issuance of non-bailable warrant of arrest and other processes and fixed the case for recording evidence under section 299 of the Code of Criminal Procedure. 2 The contention of learned counsel for the petitioners is that Raghopur P.S. Case no. 4/1995 was initially, registered under the provision of NDPS Act in the year 1995 and petitioners were granted bail in the aforesaid case. It is further pointed out by him that petitioners filed Cr. Misc. no. 13558/1997 before this court against the order dated 28.6.1997 of the learned court below and this court was pleased to remit the matter to the court below with certain directions and observations. It is further contended by him that, as a matter of fact, original record of Raghopur P.S. Case no. 4/1995 had already been called for by this court in connection with above stated Cr. Misc. no. 13558/1997 and the original record of the above stated case was received in the court below after disposal of the above stated criminal miscellaneous case. It is contended by him that the petitioners were under the impression that since the original record was not available before the learned court below, there was no need to appear before the trial court as a result of which bail bonds of the petitioners were cancelled in the year 2003 but as soon as they got knowledge of cancellation of their bail bonds and passing of the impugned order by the court below, they have come before this court by filing present criminal miscellaneous case. On the other hand, learned Addl. Public Prosecutor submitted that bail bonds of the petitioners were cancelled in the year 2003 and they delayed the trial for more than five years and after waiting long period, the court below declared the petitioners as absconder passing the impugned order dated 6.5.2008. In the aforesaid facts and circumstances as well as 3 submissions of the parties, this criminal miscellaneous case stands disposed off with direction to petitioners to surrender before the trial court within one month from the date of receipt of this order to the concerned court and if the petitioners surrender before the concerned court in the light of direction given by this court, the concerned court shall consider the plea as raised by the petitioners before this court and shall pass order in accordance with law. Let this order be communicated to the court of 4th Addl. Sessions Judge, Vaishali at Hajipur in Raghopur P.S. Case no. 4/1995 through Fax at the cost of the petitioners. shahid (Hemant Kumar Srivastava,J)