Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10592 of 2017 Arising Out of PS.Case No. -2 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA =========================================================== Mukesh Kumar Singh Son of Late Saryug Prasad Singh, Resident of VillageSinuara, Police Station Bahadurpur, District, District Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 11-12-2017 The petitioner was made accused in a case under Section 47(a) of the Excise Act. After holding trial, the learned SubDivisional Judicial Magistrate, Darbhanga, vide order dated 02.04.2014, found him guilty and, on the same day, he was sentenced to undergo R.I. for two years.

2.

The petitioner challenged the aforesaid order dated 02.04.2014 passed by the learned Sub-Divisional Judicial Magistrate, Darbhanga in the court of Ad-hoc Additional Sessions Judge-IV, Darbhanga, vide Cr.Appeal No. 23 of 2014. After hearing the parties, the appellate court dismissed the appeal, vide judgment dated 10.12.2014 and cancelled the bail bond of the petitioner. The petitioner was directed to surrender before the court of Magistrate in

Patna High Court Cr.Misc. No.10592 of 2017 dt.11-12-2017 2/3 order to serve the sentence.

3.

On receipt of the judgment passed by the appellate court, the learned Magistrate, vide order dated 23.01.2015, directed the petitioner to surrender before the court to serve the sentence. Since the petitioner failed to appear before the court of Magistrate pursuant to the order dated 23.01.2015, non-bailable warrant of arrest was issued against him.

4.

Being aggrieved by the issuance of non-bailable warrant of arrest, the petitioner preferred the revision application, vide Cr.Revision No. 194 of 2016, in the court of Sessions Judge, Darbhanga, which was dismissed vide order dated 28.07.2016. The petitioner has challenged the said revisional order in the present application.

5.

In the opinion of this Court, as the petitioner failed to challenge the judgment passed by the court of Ad-hoc Additional Sessions Judge-IV, Darbhanga in Cr.Appeal No. 23 of 2014 dismissing his appeal against the judgment of conviction passed by the learned Magistrate, the order of the appellate court attained finality and no fault can be found in the order passed by the learned Magistrate whereby his bail bond was cancelled. The revision application before the learned Sessions Judge itself was also not maintainable.

Patna High Court Cr.Misc. No.10592 of 2017 dt.11-12-2017 3/3 6.

In that view of the matter, this application under Section 482 of the Cr.P.C. also lacks merit. Resultantly, the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 13-12-2017 Transmission Date 13-12-2017