Santosh Kumar v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1700 of 2017 Arising Out of PS. Case No.-135 Year-2012 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Santosh Kumar, son of Jagdeep Mistri, resident of village-Meghu Bigha, P.S.- Amain (Parasbigha), District- Jehanabad.

... ... Petitioner

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna

2. The Superintendent of Police, Patna.

3. The Deputy Superintendent of Police, Paliganj.

4. The Station House Officer, Ramkrishna Nagar, Patna, District- Patna.

5. Surendra Yadav, son of Parmeshwar Yadav, resident of village-Ghirsindi, P.S.-Tekari, District- Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Vinay Mistry, Advocate For the Respondents :

G.A.-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-03-2023 Heard learned counsel for the parties.

In this case, the petitioner is challenging the order dated 14.03.2014 passed by learned Judicial Magistrate, 1st Class, Patna, in Ramkrishna Nagar P.S. Case No. 135 of 2012 (G.R. No.5549 of 2012), by which the learned Magistrate has cancelled the bail bonds of the petitioner and directed for issuance of warrant of arrest against the petitioner. Learned counsel for the petitioner submits that the application of the petitioner for releasing him on previous bail was pending but the bail bond of the petitioner has been

Patna High Court CR. WJC No.1700 of 2017(2) dt.23-03-2023 2/2 cancelled by the Court below by the impugned order. Considering the aforesaid submission of learned counsel for the petitioner and in the interest of justice, this application is allowed.

The the order dated 14.03.2014 passed by learned Judicial Magistrate, 1st Class, Patna, in Ramkrishna Nagar P.S. Case No. 135 of 2012 (G.R. No.5549 of 2012), is set aside. The petitioner is directed to appear in the Court below and press his application to remain on bail on previous bail bonds. The petitioner shall attend the proceeding before the court below either himself or through his lawyer and in the event of failure on his part to attend before the court below on three consecutive occasions without reasonable explanation, the court below shall be at liberty to pass appropriate order. (Sandeep Kumar, J) pawan/- U T