IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43817 of 2010 1. KASHI PRASAD JHUNJHUNWALA, S/o Late Madan Lal Jhunjhunwala, R/o Mandroja, P.S.-Kotwali, District-Bhagalpur. 2. Balmukund Goenka, S/o Late Sagarmal Goenka, R/o Dwarikapuri Colony, P.S.-Kotwali, District-Bhagalpur. Versus THE STATE OF BIHAR. ----------- 02. 14.12.2010 The petitioners seek quashing of the order dated 02.12.2010 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2226(C) of 2004 by which the petitioners’ prayer for recall of the order dated 02.08.2010 has been refused. The background of the case is that the petitioners were accused in the aforesaid complaint for reasons of some financial dispute between the parties whereafter the petitioner No. 1 was allowed representation under Section 205 Cr.P.C. whereas petitioner No. 2 was allowed bail. The Court thereafter fixed a certain date for explanation of accusation but on the said date the petitioners could not appear before the Court below for reasons beyond their control and hence their bail bond was cancelled. Considering the circumstances emerging in the case, I am inclined to allow this application in the interest of justice and direct the petitioners to appear physically on the next date fixed by the Magistrate and on such appearance they shall be released on bail either on fresh surety or previous surety. In case they do not do so their bail bond shall be cancelled and they shall be taken in custody. In case they default further on any date their bail bond shall stand cancelled. With this observation, the application is disposed off. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)