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Patna High CourtCR. MISC./54838/2024allowed

Satyendra Kumar v. The State Of Bihar

2024-09-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54838 of 2024 Arising Out of PS. Case No.-253 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

SATYENDRA KUMAR SON OF LATE MAHADEO PRASAD RESIDENT OF VILLAGE - HARIHARPUR, P.S. - SENDURIA BAZAR, DISTRICT - MAHARAJGANJ (UP) 2.

SUNIL KUMAR YADAV SON OF SRI BECHAN YADAV RESIDENT OF VILLAGE - DOGHARA, P.S. -PARSA MALIK, DISTRICTMAHARAJGANJ ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RANJAN PRASAD, INSPECTOR, EXCISE AND PROHIBITION, SADAR, SUB-DIVISION RANGE, GOPALGANJ BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Sinha, Senior Advocate Mr. Ravi Shankar, Advocate Mr.Bhola Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-09-2024 Heard learned counsel for the petitioners and Mr. Shyam Kumar Singh, learned Additional Public Prosecutor appearing on behalf of the State.

2. The present application has been filed for quashing the order dated 17.10.2023 passed by the learned IVth Additional Sessions Judge-Cum-Special Judge, Excise, Gopalganj in Excise Case No.253/ 2020 / Tr. No.4437/ 2020/ Vicaran No.669/ 2024 whereby bail bonds of the petitioners have been cancelled and non- bailable warrants have been

Patna High Court CR. MISC. No.54838 of 2024(2) dt.03-09-2024 2/2 issued.

3. It has been submitted by Mr. Alok Kumar Sinha, learned Senior Counsel appearing on behalf of the petitioners, that the petitioners were regularly appearing but because of default of one day, their bail bonds have been cancelled. He further submits that the petitioners will co-operate in the case and they will represent themselves regularly in the case either through their lawyer or they will appear personally.

4. Considering the aforesaid submissions and in the interest of justice, this application is allowed.

5. The impugned order dated 17.10.2023 by which the bail bonds of the petitioners have been cancelled is quashed.

6. The petitioners will remain on the same bail bonds and they will co-operate in the trial as undertaken by the learned Senior Counsel for the petitioners that the petitioners will represent themselves regularly in the case either through their lawyer or they will appear personally.

(Sandeep Kumar, J) Saif/- U T