ORDER Heard. 2. From the order sheet of the learned Fast Track Court Vth, Nalanda at Biharsarif, it is apparent that the petitioners, who were accused persons did not file their attendance or appeared in the Court on 17.1.2008 till 1.25 P.M. It is apparent that they did attend and Pairvi was made on that day though late by the lawyer. This has entail cancellation of bail of petitioners and their remand in the opinion of the learned Judge by this conduct the accused are responsible for scuttling the trial. I regret my inability to accept such a finding from such a Court on failing of attendance, the Court should keep in mind is the work of the lawyer. The lawyer defaulted or delayed the matter. It was a fit case where the explanation ought to have been admitted and at best petitioners could have been visited with cost. Court must keep in mind that merely because it has power to cancel bail it does not follow. As a matter of Course that power has to be exercised indiscriminately. 3. In the facts and circumstances of the case, the petitioners, Dular Chand Jamadar, Sugriv Jamadar, Parbodhi Jamadar, Ravindra Jamadar, Bishun Jamadar, Tannu Jamadar, Ram Briksha Jamadar and Rup Chand @ Ruplal Jamadar are directed to be released forthwith on bail on the bonds already furnished to the Court earlier prior to its cancellation in the case of S.Tr. No. 379 of 2001 arising out of Complaint Case No. 144(C) of 1999.