Subodh Kumar Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67417 of 2021 Arising Out of PS. Case No.-50 Year-1992 Thana- NAUHATTA District- Rohtas ====================================================== Subodh Kumar Shrivastava Son Of Late Raja Lal Resident Of Village - Nauhatta, P.S.- Nauhatta, District - Rohtas At Sasaram. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Verma For the Opposite Party/s :
Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-05-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.
2. This application has been filed for quashing the order dated 11.2.2009 by which Non-bailable warrant of arrest was issued, 22.10.2011, whereby process under Section 82 Cr.P.C. issued and 13.02.2014/15.02.2014, by which process under Section 83 of the Cr.P.C., was issued against the petitioner in connection with GR No. 976/1992 arising out of Nauhatta P.S. Case No. 50 of 1992 with further prayer made for quashing order dated 29.2.2016 whereby the petitioner has been declared as permanent absconder and permanent warrant of arrest was issued against him.
3. Learned counsel for the petitioner submits that the petitioner was not informed about the stage of the case by his
Patna High Court CR. MISC. No.67417 of 2021(3) dt.06-05-2025 2/3 lawyer appearing in the Court below and because of the same he could not appear as and when the Court directed.
4. Learned counsel for the petitioner further submits that the petitioner undertakes to appear regularly in the Court below as and when required and directed henceforth.
5. Considering the submission of the learned counsel for the petitioner, I am of the considered view that no useful purpose will be served by sending the petitioner to jail when the petitioner is giving an undertaking that he will appear before the Court below regularly and face trial.
6. In the interest of justice, this application is allowed.
7. Accordingly, the orders dated 11.02.2009, 22.10.2011, 13.02.2014, 15.02.2014 and 29.02.2016 passed by the Sub-Divisional Judicial Magistrate, Dehri, Rohtas in connection with G.R. No. 976 of 1992 arising out of Nauhatta P.S. Case No. 50 of 1992 are hereby quashed.
8. The petitioner is directed to appear before the Court below within a month and after his appearance he shall be released after executing fresh bail bonds and the bailors should be the close blood relatives of the petitioner.
9. As a condition of this order, the petitioner is directed to co-operate in the trial either by appearing personally
Patna High Court CR. MISC. No.67417 of 2021(3) dt.06-05-2025 3/3 or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner. (Sandeep Kumar, J) Shishir/- U T