Heard the parties.

2. The petitioners have challenged the order dated 25.11.2006 passed by the Additional District Judge, Fast Track Court-1, Bokaro in S.T. No. 209 of 1999, whereby the prayer for releasing the forfeited bail amount has been rejected.

3. The relevant facts, in short, are that these two petitioners stood as bailers of the accused Navin Kumar Tiwari and Mithilesh Kumar in connection with Sessions Trial No. 209/1999. On 18.3.2006, the bail bonds of the accused persons were cancelled and warrant of arrest as well as process under Sections 82-83 Cr.P.C. was issued. Thereafter, on 19.4.2006 the bail amount of the sureties were ordered to be forfeited and an order for issuance of distress warrant was also passed. It further appears that both the aforesaid accused persons surrendered in the Court on 7.7.2006 and 28.7.2006 respectively.

4. The petitioners are challenging the order issuing forfeiture of bail amounts in this writ application.

5. It is submitted that Section 446 of the Code of Criminal Procedure provides that before an order for forfeiture of bail amount is passed, notice to show cause has to be given to the bailers/sureties. This mandatory requirement of