IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10801 of 2009 ***** Santosh Kumar Singh, son of Late Rajendra Singh, resident of village- Bakhtiyarpur, Naya Tola Sangar, P.S. Bakhtiyarpur, District-Patna. …. …. Petitioner Versus The State of Bihar through Superintendent of Police, Patna. …. Opposite party ----------- 2. 17.4.2009. There is a long history behind the present litigation but all the details may not be taken note of. What is relevant is that vide order dated 29.8.2007 contained in Annexure-2 while disposing of an application for cancellation of bail the Hon’ble High Court in Cr. Misc. No. 9069 of 2007 directed that the opposite party, namely, the present petitioner will not physically absent himself from the learned Court below on two consecutive dates till three witnesses are examined. That was the basis on which the petitioner was allowed to continue on bail. Petitioner has not honoured the order of the High Court which has led to the present problem for him. Vide order dated 19.12.2008 passed by the trial Court, namely, Additional Sessions Judge-III, Patna, as the petitioner failed to appear on two consecutive dates the trial Court was compelled to issue a non-bailable warrant against him. If the two orders are read together then no legal infirmity can be found in the order dated 19.12.2008. Learned counsel representing the petitioner, however, submits that it was not out of free will that the petitioner absented himself on the two dates, he has offered explanation by brining evidence on record as Annexure-3 and 4 as the reason why the default took place. There has been some mitigating circumstances but then the - 2 - petitioner ought to have been more careful when he was aware of the direction of the Hon’ble Court. He knew the perils of not appearing before the trial Court. In totality of the facts and circumstances and with the object of giving the petitioner yet another opportunity the order dated 19.12.2008 is quashed with a direction to the petitioner that he shall appear before the trial Court on the next date fixed and is cautioned to be more careful in future and see that the earlier direction of the High Court dated 29.8.2007 is not violated again. The petition is allowed. Pawan/- (Ajay Kumar Tripathi, J.)